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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. You need an attorney that is licensed to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans disability lawsuit (https://djchs.co.kr/bbs/board.php?bo_table=Qna&wr_Id=226248). The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honourable. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories in each application and re-application, the suit claims.

The lawsuit seeks monetary damages and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans disability law firm may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims made by creditors and family members including child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims 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 who are like Monk.

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. If you are considering appealing the decision, it is important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A lawyer who is qualified will be able to review the evidence that was used to back your claim and provide additional evidence if necessary. A lawyer who knows the VA's challenges can be more understanding of your circumstances. This can be an important benefit in your appeals.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency hasn't correctly defined their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. An experienced attorney will be able work with medical experts to provide additional evidence of your situation. For example, a medical expert might be able prove that the pain you experience is related to your service-connected injury and is causing impairment. They may be able to assist you in obtaining the medical records needed to prove your claim.