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

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of veterans disability lawyers Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white Veterans disability attorney. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He wants the agency to repay him for the benefits he was deprived of, and to modify its policies on 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 through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a wide 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 a lot of emotional trauma from reliving some of his most painful memories in each application and re-application, the suit claims.

The lawsuit is seeking monetary damages and also to require the VA to review the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of 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 biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later his discharge was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and winding journey.

He was denied services at an amount that was significantly higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an appeal, it's important that you do so immediately. A lawyer with experience in appeals for disabled veterans can assist you in ensuring that your appeal complies with all the requirements and that you are given a fair hearing.

A lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence and documentation when needed. A lawyer will also know the challenges involved in dealing with the VA and could result in a greater degree of empathy for the situation. This could be a valuable asset in your appeals process.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency has not correctly characterized their condition. A qualified attorney can make sure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified attorney will be able to work with medical experts to provide additional proof of your health condition. For instance an expert in medical practice might be able demonstrate that the pain you experience is due to your service-related injury and that it is causing impairment. They might assist you get the medical records that are needed to support your claim.