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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. However, 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 denying their disability claims at a rate that is much 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. According to the records obtained by Monk, 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 past three decades.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He demands that the agency compensate him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied those who served in the military, Veterans need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors, except for alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of 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 that were caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied access at an rate that was much higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. It is essential to appeal a decision as fast as you are able. An experienced lawyer in veteran disability appeals can help you ensure that your appeal complies with all the requirements and that it is heard in a fair manner.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence, should it be required. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This can be a significant asset in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your medical condition. For instance medical experts may be able to show that the pain you feel is a result of your service-related injury and that it is causing you to be disabled. They may be able to assist you in getting the medical records you require to prove your claim.