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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash that killed a number of people has a huge victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per 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. He claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA compensate him for the benefits it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks financial damages and wants the court require the VA to review 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 into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them need truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but was discharged that was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. 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 failed to combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal meets all the requirements and that you are given a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, if needed, provide additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your condition. A medical expert could, for instance, be able to prove that your pain is a result of your service-related injury and is disabled. They could be able to assist you in getting the medical evidence you need to prove your claim.