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

Attorneys who profit from disabled veterans to make money often use their benefits. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won an important victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School veterans disability attorneys Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He wants the agency to reimburse him for benefits that it has taken him out of and to change its policies on race, discharge status and 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. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving the most traumatic memories in each application and re-application, the suit claims.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative 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 survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by creditors and family members including alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable because there were two battles because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. The discrimination was racial and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

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 crucial to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and it is heard in a fair manner.

A lawyer who is qualified can examine the evidence that was used to justify your claim and present new and additional evidence when needed. The lawyer will also be aware of the challenges involved in dealing with the VA and can increase the level of empathy for your situation. This could be a valuable advantage during your appeals procedure.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency has not properly described their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your situation. A medical expert could, for instance, be able to demonstrate that your pain is due to your service-related injury and that it is disabled. They may be able to assist you in getting the medical records required to support your claim.