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 to make a profit. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has won a significant victory. However, it comes with a hefty price tag.

Class Action Settlement

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

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for benefits that it has taken him out of and to change its policies on 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. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans disability attorneys.

PTSD Discrimination

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans disproportionately.

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. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages and asks the court to order the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans disability attorney who have served our nation in uniform, or who accompany them deserve honest answers about veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but was discharged that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed 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 and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. If you are considering appealing an appeal, it's essential to do so as soon as you can. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal complies with all requirements and it gets a fair hearing.

A qualified lawyer can review the evidence that supports your claim and, if needed, provide new and additional proof. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This can be an important benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A reputable lawyer will also be able of working with medical experts to provide additional proof of your situation. For instance an expert in medicine could be able to prove that the pain you suffer is a result of your service-connected injury and veterans is causing you to be disabled. They may also be able assist you in getting the medical evidence you need to prove your claim.