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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. This is why you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won a major victory. However, it comes at cost.

Class Action Settlement

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

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. Monk wants the VA to pay him back the benefits it has not provided him and to change their policies on race and discharge status as well as denial rates.

Last 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. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

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. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. The "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that state courts can garnish veterans disability lawsuits' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long and winding route.

He was denied access at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A qualified lawyer is able to examine the evidence used to support your claim and submit new and additional evidence should it be required. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This can be a significant asset in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. An experienced attorney will be able work with medical experts to provide additional proof of your health condition. For instance, a medical expert might be able demonstrate that the pain you suffer is a result of your service-connected injury and is causing disability. They might also be able to assist you get the medical records required to support your claim.