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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has won a major victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. 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 disability law firm Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He wants the VA to pay him back the benefits it has not provided him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the veterans disability lawsuit Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatizing memories in each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and wants the court orally order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later he received a discharge that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It alleges that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing a decision, it is crucial to file an appeal immediately. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal meets all requirements and ensure that it gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, if needed, provide new and additional proof. A lawyer also knows the difficulties of dealing with the VA and can increase the level of understanding for your situation. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your health condition. For instance, a medical expert could be able to prove that the pain you are experiencing is due to your service-related injury and is disabling. They may also be able to help you get the medical records that are required to prove your claim.