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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. However, it comes with cost.

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 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. Monk claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, says that the discrimination by 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 reimburse him for benefits that it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the veterans disability law firm Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving the most traumatic memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks financial damages and seeks to have the court order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that veterans disability lawyer may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding path.

He was denied benefits at a much greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. If you're thinking of appealing an appeal, it's crucial to file an appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal meets all the requirements and that it gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and when necessary, submit additional evidence. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This can be a valuable asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to 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 lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert, for example, may be able to prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.