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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 rely on their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to pay him back for benefits it has deprived him of, and to modify its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted 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 be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and asks the court to order the VA to examine its systemic PTSD bias. It is the latest move by groups such as 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

The veterans who were in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans disability' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however he received a discharge that was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. 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 bias was systemic and widespread. It claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all the requirements and it receives a fair hearing.

A qualified lawyer will be able to review the evidence used to back your claim and provide additional evidence and documentation if necessary. A lawyer who knows the VA's challenges can be more sympathetic to your situation. This can be a valuable asset in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly classified their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to get the benefits you need. A professional attorney will also be able work with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you experience is a result of your service-related injury and is causing impairment. They might assist you obtain the medical records needed to support your claim.