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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. You need an attorney who is certified to deal with VA claims.

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

Class Action Settlement

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

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to reimburse him for benefits he has been deprived of and to amend its policies regarding race as well as 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 submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

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

He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and wants the court decide to require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members including child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his work, but he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied services at the rate of significantly more than his white peers. The discrimination was racial 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. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence to support your claim and, when necessary, submit new and additional proof. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A reputable lawyer will also be able of working with medical experts to provide additional proof of your health condition. For instance medical experts might be able demonstrate that the pain you feel is a result of your service-related injury and is causing impairment. They might be able assist you in getting the medical records you require to prove your claim.