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

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is why you require a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a major victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans disability law firm by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.

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 wants the VA to reimburse him for the benefits it has denied him, and to modify their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorneys, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatizing memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and seeks the court to require 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 to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members, except for alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and winding road.

He was denied benefits at a more frequent rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

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 are considering appealing a decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide additional evidence, if necessary. The lawyer will also be aware of the challenges involved in dealing with the VA and could increase the level of empathy for your circumstance. This can be a huge advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will be able work with medical professionals to provide additional proof of your condition. For instance an expert in medicine may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They might assist you obtain the medical records that are needed to support your claim.