Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to earn money often use their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won a major victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to compensate him for the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the veterans disability lawsuit Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and wants the court orally order the VA to review systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans Disability lawsuit. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you are considering appealing a decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A qualified lawyer can review the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be an invaluable advantage in the appeals process.

One of the main reasons a veteran's disability claim is denied is due to the agency has not correctly characterized their condition. A skilled attorney can make sure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert could, for instance, be able prove that your pain is caused by your service-related injury, and is disabled. They might be able assist you in obtaining the medical records needed to support your claim.