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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a 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 more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and 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 disability attorney to be affected in ways that have impacted their health, homes work, education and employment. He wants the VA to pay him back the benefits it has denied him, and to modify 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 filed 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 be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans, tuition aid 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 severe emotional trauma from reliving some of his most painful memories with each application and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and wants the court require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort 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

The veterans who have served our nation in uniform, or who are their companions deserve truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long, winding road.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

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 thinking of appealing an appeal, it's important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A licensed lawyer can examine the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstance. This could be a great asset in your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your condition. For example medical experts might be able prove that the pain you are experiencing is related to your service-connected injury and is causing impairment. They may also be able assist you in getting the medical records required to support your claim.