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

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to an air carrier crash that killed a number of people has won a major victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He demands that the agency compensate him for benefits he has been deprived of, and to modify its 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 through 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 likely to be granted an application for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" prevented him from getting mortgages, tuition assistance 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. The suit claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages, and wants the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans disability attorneys' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but then his discharge was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous route.

He was denied benefits at a greater rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed on behalf of him 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 did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing the decision, it is essential to do so in the earliest time possible. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and submit additional evidence, if necessary. A lawyer also knows the challenges involved in dealing with the VA and this could lead to a greater level of understanding for your situation. This could be a great advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability is denied is because the agency has not properly described their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your medical condition. A medical expert could, for instance, be able to demonstrate that your pain is a result of the injury you sustained while working and is disabled. They may also be able assist you in getting the medical records required to prove your claim.