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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. This is why you require an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has won a major victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. 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 much more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, 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 work, education and employment. He wants the agency to pay him back for benefits he was deprived of, and to modify its policies on race discharge status, discharge status, and denial rates.

In the past year, Monk and the veterans disability lawsuit Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted 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 to 2020. Additionally, the average denial rate was 6.3% higher for veterans disability settlement of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honorable. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial damages and wants the court require the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.

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

He was denied benefits at a higher rate than white peers. According to the lawsuit filed 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. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A lawyer who is qualified can examine the evidence used to support your claim and submit additional evidence and documentation should it be required. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstance. This can be an important benefit in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your medical condition. For example an expert in medical practice might be able prove that the pain you feel is due to your service-related injury and veterans disability compensation that it is causing impairment. They might be able assist you in getting the medical records required to support your claim.