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

Attorneys who profit from disabled veterans disability attorney to make money often use their benefits. This is why you require a attorney who is accredited 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. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. Monk wants the VA to repay him for the benefits that it has taken him out of, and to modify its policies regarding race as well as 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. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

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 a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black Veterans Disability Attorney.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and asks the court to require the VA to look into 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

Those who served in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later he received a discharge that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. It is essential to appeal a decision as fast as you can. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is in line with all requirements and it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to support your claim and submit additional evidence should it be required. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This can be an important asset in your appeals.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able show that your pain is a result of your service-related injury and that it is disabled. They might also be able help you obtain the medical records needed to support your claim.