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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans disability law firm by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. 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 and 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 during the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for the benefits they have denied him and to change their policies on 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 through Freedom of Information Act requests which they submitted 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 an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans Disability Law Firms in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm as he relived the most traumatic memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks financial damages and wants the court order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to approve his claim for disability compensation was a long and difficult road.

He was denied benefits at a rate significantly higher than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on behalf of him by the National veterans disability attorney Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. If you're considering appealing a decision, it is important that you do so as soon as you can. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and you are given a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim, and if necessary, submit additional evidence. A lawyer also knows the difficulties involved in dealing with the VA and can increase the level of empathy for the situation. This can be a valuable benefit in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical specialists to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you experience is a result of your service-related injury and that it is causing impairment. They might also be able to help you get the medical records needed to support your claim.