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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 way to earn money. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won a major victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. Monk wants the VA to reimburse him for the benefits that it has denied him and to change their policies regarding race and 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 via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black veterans disability lawyers Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed 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 as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued an unworthy military discharge in 1971. That "bad paper" hindered him from receiving mortgages, 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 is liable for past denials of disability benefits. He also suffered emotional trauma from reliving the most traumatic memories through each application and re-application, the suit claims.

The lawsuit seeks monetary damages and wants the court require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require truthful information about the disability benefits of veterans and its impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied access at an amount that was significantly 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, this racial discrimination was systemic and widespread. It alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you can. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A qualified lawyer can review the evidence used to prove your claim, and if necessary, submit new and additional proof. The lawyer will also be aware of the difficulties of dealing with the VA and could create a higher level of empathy for the situation. This can be an important benefit in your appeals.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not properly characterized their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your health condition. For veterans Disability lawsuits example an expert in medicine could be able to prove that the pain you are experiencing is related to your service-connected injury and that it is causing you to be disabled. They might also be able help you obtain the medical records that are required to support your claim.