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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. This is why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier crash which killed dozens has been awarded a significant victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He demands that the agency pay him back for benefits it has deprived him of and to change its policies on race discharge status, discharge status, and 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional harm from reliving the most traumatic memories through each application and re-application, the suit claims.

The lawsuit seeks financial damages and asks the court to order the VA to examine its the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who are their companions deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by creditors and family members in the case of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. If you're thinking of appealing an appeal, it's important to appeal in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal meets all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim and, if necessary, submit additional and more convincing evidence. The lawyer will also understand the challenges of dealing with the VA and this could increase the level of empathy for your circumstance. This could be a valuable advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your condition. A medical professional, for example, may be able to prove that your pain is due to your service-related injury and is disabling. They may also be able to help you get the medical records required to prove your claim.