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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is why you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of veterans disability lawsuit Affairs discriminates against Black veterans when it denies their disability claims in a manner that 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 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 much higher rate than white veterans over the last three decades.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He would like the VA to reimburse him for benefits they have denied him, and to alter their policies regarding race, discharge status, and 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 Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.

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

Alimony Discrimination

People who have served in the military or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long and 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 widespread, according to 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. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer who knows the VA's challenges can be more understanding of your situation. This could be a great benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A reputable lawyer will also be able to work with medical experts to provide additional proof of your condition. A medical professional is one example. They may be able to demonstrate that your pain is due to the injury you sustained while working and is disabled. They could be able to assist you in getting the medical records you require to support your claim.