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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is the reason you need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a major victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much 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 records obtained by Monk as well as 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 last three decades.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He demands that the agency repay him for the benefits he has been deprived of and to amend its policies on race as well as 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. These figures showed that Black Veterans were statistically less prone to be granted a claim for Veterans Disability Lawsuits disability than white veterans from 2001 until 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, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived some of his most painful memories in each application and re-application for benefits, the suit claims.

The lawsuit is seeking monetary damages and also to orally order the VA to examine the the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans disability attorneys' compensation from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was less than honorable because there were two battles because of a post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, 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. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Veterans Disability Lawsuits Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A licensed lawyer will be able to review the evidence that was used to back your claim and provide additional evidence, in the event of need. A lawyer who knows the VA's challenges can be more understanding of your situation. This can be an important advantage in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A qualified attorney will be able work with medical professionals to provide additional evidence of your medical condition. For instance medical experts may be able to show that the pain you suffer is due to your service-related injury and that it is causing disability. They may be able to assist you in getting the medical records required to prove your claim.