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

Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier collision has won an important victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans disability attorneys during the last three decades.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He demands that the agency pay him back for benefits that it has taken him out of, and to modify its policies regarding 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 information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories with each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and wants the court orally order the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like 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

Those who have served our nation in uniform, or who are their companions deserve truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans disability Law firms against claims from family members and creditors including alimony and child support.

Conley Monk, a devoted 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 several medals, but 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, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. According to the lawsuit filed in 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 asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as soon as you are able. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal meets all the requirements and that you are given a fair hearing.

A lawyer who is qualified can examine the evidence used to support your claim and submit additional evidence when needed. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstances. This can be a significant benefit in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly characterized their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your health condition. For example an expert in medicine may be able to show that the pain you suffer is related to your service-connected injury and is causing impairment. They might also be able help you obtain the medical records that are needed to support your claim.