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

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has won a significant victory. However, it comes with a significant cost.

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 much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA repay him for the benefits it has deprived him of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans 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 results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The veterans disability law firms Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

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

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional damage from having to relive the most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and also to require the VA to examine its systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and Veterans Disability moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous road.

He was denied benefits at an amount that was significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

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 important to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit new and additional evidence should it be required. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This could be a great asset in your appeals.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury and that it is in a way limiting. They could be able to assist you in getting the medical evidence you need to support your claim.