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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is why you should hire a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has won a major victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He demands that the agency repay him for the benefits he was deprived of and to alter its policies regarding race, discharge status and 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 data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

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

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, Lawsuits and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories each time he applied and re-application, the suit says.

The lawsuit is seeking monetary damages and asks the court to require the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors, except for alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at the rate of significantly more than his white peers. The discrimination was racial and widespread, according to 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 claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A qualified lawyer can review the evidence that supports your claim and, should it be necessary, present additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and could result in a greater degree of understanding for your situation. This could be a great advantage in the appeals process.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your medical condition. A medical expert could, for Lawsuits instance, be able prove that your pain is due to your service-related injury and is debilitating. They may be able to assist you in getting the medical records you require to prove your claim.