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 licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal air carrier collision has won a major victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in 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 in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Disability Lawsuit Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He wants the VA to pay him back the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made 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 receive an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

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

The lawsuit seeks financial compensation, and wants the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long, winding road.

He was denied benefits at a much greater 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 racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. If you're considering appealing an agency decision, it's important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A lawyer with experience can look over the evidence used to support your claim, and if needed, provide new and additional evidence. A lawyer who understands the challenges of the VA will be more sympathetic to your situation. This could be a valuable advantage during your appeals procedure.

A veteran's claim for disability is usually denied due to 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 you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your situation. For example an expert in medicine may be able to show that the pain you suffer is a result of your service-related injury and that it is disabling. They may be able to assist you in getting the medical records you require to prove your claim.