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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won an important victory. However, it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He wants the agency to pay him back for benefits it has deprived him of and to alter its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black veterans Disability lawsuit Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed 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, education, and other benefits for a long time, veterans Disability lawsuit even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have rejected claims submitted by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long, winding route.

He was denied benefits at a much greater rate than his white peers. According to the lawsuit filed on his behalf by the National veterans disability lawyers Council for Legal Redress at Yale Law School and the veterans disability lawyers Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A licensed lawyer is able to examine the evidence used to justify your claim and present additional evidence and documentation in the event of need. The lawyer will also be aware of the difficulties involved in dealing with the VA and could create a higher level of empathy for your situation. This can be a significant benefit to your appeals.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency has not correctly defined their condition. An experienced attorney can make sure that your condition is properly classified and rated, which will allow you to get the benefits you need. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance, a medical expert may be able to show that the pain you feel is due to your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to support your claim.