공지사항

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 use their benefits. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash that killed dozens of people has been awarded a significant victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last 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 by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for the benefits it has denied him and to amend their policies on race and veterans disability compensation discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National veterans disability case Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone 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 based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories with each application and re-application, the suit claims.

The lawsuit seeks financial damages and wants the court require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need truthful information about veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans disability litigation can have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National veterans disability settlement Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans disability attorney who are like Monk.

Appeals

The VA Board of veterans disability law Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present additional evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This could be a great asset in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A lawyer with experience can make sure that your condition is properly categorized and rated, allowing you to receive the benefits you require. An experienced attorney will be able work with medical professionals to provide additional proof of your condition. For instance, a medical expert could be able to prove that the pain you are experiencing is related to your service-connected injury and is causing you to be disabled. They might also be able to help you obtain the medical records required to support your claim.