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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 source of cash. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a significant victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA repay him for the benefits he was deprived of and to amend its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but later was discharged that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied access at an rate that was much higher 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. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA's Board of veterans disability Lawsuit 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 quickly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.

A qualified lawyer can review the evidence used to prove your claim, and if needed, provide additional evidence. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This can be a valuable asset in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A professional attorney will also be able work with medical experts to provide additional proof of your medical condition. A medical expert for instance, might be able prove that your pain is due to your service-related injury and is in a way limiting. They could be able to assist you in getting the medical records you require to support your claim.