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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He demands that the agency reimburse him for benefits he has been deprived of and to amend its policies on race as well as discharge status and denial rates.

In the past 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. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a 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 eventually 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" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to revers 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. He also suffered severe emotional damage from having to relive some of his most traumatic memories with each application and re-application, the suit claims.

The lawsuit seeks monetary damages and asks the court to 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 confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most popular myths is that veterans disability lawyers can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by family members and creditors in the case of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed 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 lawsuit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA's Board of veterans disability law firms Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you can. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.

A licensed lawyer will be able to review the evidence used to back your claim and provide additional evidence and documentation when needed. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This can be an important benefit in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly characterized their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to work with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able show that your pain is caused by the injury you sustained while working and is disabled. They might also be able help you get the medical records that are needed to support your claim.