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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 make profits often make use of their benefits. You require an attorney who is licensed to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which 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 the records obtained by Monk and 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 former psychiatric nursing, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA compensate him for benefits that it has taken him out of and to alter its policies on race discharge status, 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 that they made 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 an application for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans disability lawyer.

Discrimination in PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to order the VA to review 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 victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can get 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' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, however his discharge was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a higher 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 discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as soon as you are able. A lawyer with experience in appeals for veterans disability can help ensure that your appeal is in line with all requirements and you are given a fair hearing.

A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation in the event of need. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This could be a valuable advantage in the appeals process.

One of the most frequent reasons a veteran's disability claim is denied is because the agency has not properly described their condition. A qualified attorney can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A lawyer who is qualified will be able to work with medical experts to provide additional proof of your health condition. For example medical experts might be able demonstrate that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They may assist you obtain the medical records that are required to prove your claim.