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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. This is why you should hire an attorney with the right qualifications to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that 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 the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to compensate him for the benefits that it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans disability lawsuit. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional damage from having to relive the most traumatic memories through each application and re-application, the suit says.

The lawsuit seeks financial compensation and also asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims made by family members and creditors in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A licensed lawyer can review the evidence used to support your claim and submit additional evidence if necessary. The lawyer will also understand the challenges of dealing with the VA and can result in a greater degree of empathy for your circumstance. This could be a great benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified attorney will also be able to work with medical professionals to provide additional proof of your condition. For example an expert in medical practice might be able prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They may also be able to assist you get the medical records needed to support your claim.