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

Attorneys who profit from disabled veterans to make money often use their benefits. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has won an important victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing 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. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He wants the agency to compensate him for benefits that it has taken him out of and to change its policies on race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was less than 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 revers the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm from reliving some of his most painful memories with each application and re-application, the suit claims.

The lawsuit seeks financial damages and also to decide to require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National veterans disability lawyers Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

The VA Board of veterans disability lawsuit Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. If you're considering appealing an appeal, it's important to appeal in the earliest time possible. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and it receives a fair hearing.

A qualified lawyer can review the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. The lawyer will also understand the difficulties of dealing with the VA and could lead to a greater level of empathy for the situation. This can be an important benefit to your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your medical condition. A medical professional for instance, might be able to prove that your pain is caused by your service-related injury and that it is disabled. They could be able to assist you in getting the medical records you require to support your claim.