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 to make a profit. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that killed a number of people has won a major victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and 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 in the last three decades.

Monk who is an ex-psychiatric nurse and Veterans Disability Lawsuits retired, 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 VA to reimburse him for the benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to 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 and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move 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 unhonorable military discharge in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm from reliving the most traumatic memories with each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at a much higher rate than his white counterparts. This discrimination against blacks was widespread 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. It claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans disability law firm like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A qualified lawyer can examine the evidence used to back your claim and provide additional evidence and documentation should it be required. A lawyer who knows the challenges of the VA will be more understanding of your situation. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. For example medical experts could be able to prove that the pain you suffer is related to your service-connected injury and is causing impairment. They may be able to assist you in getting the medical records required to prove your claim.