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 as a source of cash. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash which killed dozens has won a major victory. However, it comes with a hefty price tag.

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 the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He demands that the agency repay him for the benefits he was deprived of and to change its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was 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 to show that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and also to require the VA to look into systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. 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 his white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing the decision, it is important that you do so immediately. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and ensure that it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to back your claim and provide additional evidence in the event of need. A lawyer who knows the VA's challenges can be more sympathetic to your situation. This could be a great benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your condition. For example, a medical expert may be able to show that the pain you are experiencing is due to your service-related injury and is disabling. They may be able to assist you in getting the medical records you require to prove your claim.