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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 earn money frequently use their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to an air carrier crash which killed dozens has won a significant victory. However, it comes with the cost of.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which 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 VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and veterans disability lawsuits the Yale Law School veterans disability attorney Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He demands that the agency repay him for the benefits it has deprived him of and to alter its policies regarding race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans disability law firms Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim 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 against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatizing memories in each application and re-application, the suit states.

The lawsuit seeks monetary damages and also to order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, Veterans Disability Lawsuits to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans against claims from family members and creditors, except for alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed on 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 asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, if necessary, submit additional and more convincing evidence. The lawyer will also be aware of the difficulties of dealing with the VA and could result in a greater degree of empathy for your circumstance. This could be a valuable advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. An experienced attorney will be able to work with medical experts to provide additional evidence of your situation. For example medical experts might be able prove that the pain you experience is due to your service-related injury and that it is causing you to be disabled. They might assist you obtain the medical records that are required to prove your claim.