공지사항

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. This is why you need an attorney with the right qualifications to manage VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans disability attorneys by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

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 as well as their employment and education. He wants the VA to reimburse him for the benefits that it has denied him and to change their policies on race, discharge status, and denial rates.

In the past year, Monk and the veterans disability claim Legal Services Clinic obtained 20 years of VA disability compensation claim data through 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 receive an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans disability lawyers than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, Veterans disability lawsuit despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by creditors and family members including alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, but he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. According to the lawsuit filed on his behalf by the National Veterans Disability Lawsuit Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you're thinking of appealing an appeal, it's important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence and documentation should it be required. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This could be a great benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert is one example. They may be able to prove that your pain is due to your service-related injury, and is debilitating. They might assist you get the medical records that are required to support your claim.