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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 victimized by lawyers who use their benefits to make a profit. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA pay him back the benefits that it has denied him and to change their 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. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. 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 damages and seeks to have the court orally order the VA to review systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and family members including alimony and child support.

Conley Monk, who volunteered 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 he was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according 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 did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing an agency decision, it's important that you do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit additional evidence in the event of need. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could lead to a greater level of understanding for your situation. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional proof of your situation. For instance medical experts might be able demonstrate that the pain you feel is a result of your service-related injury and that it is causing impairment. They may also be able to help you get the medical records that are required to prove your claim.