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

Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered 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 been awarded a significant victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to repay him for the benefits he has been deprived of and to alter 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 submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination against PTSD

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 a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatic memories in each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and also to orally order the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but the discharge he received was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight for the VA to approve his claim for disability compensation was a long and winding road.

He was denied access at a rate significantly higher than white people. This racial discrimination was systemic and pervasive, according to the lawsuit brought 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 but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. If you're considering appealing the decision, it is important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.

A licensed lawyer can examine the evidence that supports your claim and, when necessary, submit additional and more convincing evidence. The lawyer will also understand the challenges involved in dealing with the VA and could lead to a greater level of empathy for your circumstance. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able to consult with medical experts to provide additional proof of your health condition. For example medical experts might be able prove that the pain you suffer is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical records required to support your claim.