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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash which killed dozens has won a significant victory. However, it comes with a huge 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 that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed 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 much higher rate than white veterans over the last three decades.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He is requesting that the VA repay him for the benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via 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 an application 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 in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. 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 though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages and also asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans disability lawyers can have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but then his discharge was not a prestigious one because he was battling two times due to 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 higher rate than his white peers. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like him.

Appeals

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

A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present new and additional proof. A lawyer also knows the challenges involved in dealing with the VA and can increase the level of empathy for your circumstance. This can be an important benefit to your appeals.

One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will also be able to consult with medical professionals to provide additional proof of your health condition. A medical professional is one example. They may be able prove that the pain you are experiencing is due to the injury you sustained while working and is disabled. They might assist you get the medical records that are required to support your claim.