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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly 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 during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per agency records obtained by Monk and Veterans Disability Lawsuit the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He wants the VA to pay him back the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional damage by reliving the most painful memories with each application for benefits.

The lawsuit seeks monetary damages, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as 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

People who have served in the military, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. 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 address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is important to appeal as soon as you can. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal complies with all the requirements and you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to back your claim and provide additional evidence in the event of need. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This could be a great benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A professional attorney will also be able to work with medical experts to provide additional proof of your condition. For example an expert in medical practice could be able to prove that the pain you feel is a result of your service-related injury and that it is disabling. They might also be able help you obtain the medical records that are required to prove your claim.