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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier which killed dozens has won a major victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. 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 much greater rate than white veterans over the past three decades, according to agency records obtained by Monk and veterans disability the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He wants the agency to compensate him for benefits that it has taken him out of and to alter its policies regarding race, 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 that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less likely 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.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have denied claims filed by Black veterans disability lawsuit in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than honorable. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military to stop the discharge and was awarded 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 a lot of emotional damage from having to relive some of his most traumatizing memories each time he applied and re-application, the suit states.

The lawsuit is seeking monetary damages and asks the court to require the VA to examine its systems-wide PTSD bias. It is the latest effort 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

People who have served their nation in uniform and those who accompany them deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but then he received a discharge that was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. The discrimination was racial 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. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you are considering appealing an agency decision, it's important to appeal immediately. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present additional evidence in the event of need. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical professional, for example, may be able show that your pain is due to your service-related injury and is in a way limiting. They may assist you get the medical records needed to support your claim.