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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has won an important victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the VA to compensate him for the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional trauma from reliving the most traumatic memories with each application and re-application for benefits the suit states.

The lawsuit seeks financial damages and asks the court to require the VA to look into the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by creditors and family members in the case of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than his white peers. According to the lawsuit filed 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 claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

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

A licensed lawyer is able to examine the evidence used to back your claim and provide new and additional evidence when needed. The lawyer will also understand the difficulties involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a valuable benefit to your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly characterized their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you experience is due to your service-related injury and that it is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to prove your claim.