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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has a huge victory. But it comes with a substantial price tag.

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 significantly 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. Monk claims VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He wants the agency to pay him back for benefits that it has taken him out of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the veterans disability law firms Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and wants the court decide to require the VA to review systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most common myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from creditors and family members, except for alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but later was discharged that was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate 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. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an impartial hearing.

A qualified lawyer can examine the evidence that was used to support your claim and submit new and additional evidence should it be required. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This could be a great advantage in the appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able to work with medical professionals to provide additional evidence of your condition. For instance medical experts could be able to prove that the pain you feel is a result of your service-related injury and that it is disabling. They may also be able help you obtain the medical records needed to support your claim.