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

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

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash which killed dozens has a huge victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed 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 much higher rate than white veterans during the last three decades.

Monk, a retired psychiatrist, says that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA pay him back the benefits they have denied him and to amend their policies on race and Veterans Disability Lawsuits discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Veterans Disability Lawsuits Legal Redress and the Black Veterans Project. The data revealed 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 disability law firm.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most painful memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages, and wants the court's order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans disability law firms can have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding journey.

He was denied access at the rate of significantly more than white people. 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 racial discrimination was systemic and widespread. It claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

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 swiftly as you are able. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.

A licensed lawyer will be able to review the evidence that was used to back your claim and provide additional evidence when needed. A lawyer who is familiar with the VA's challenges can be more sympathetic to your situation. This could be a great asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your situation. For instance medical experts might be able demonstrate that the pain you are experiencing is a result of your service-related injury and is causing disability. They may also be able to assist you obtain the medical records that are required to support your claim.