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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a 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. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. Monk wants the VA to reimburse him for benefits they have denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made 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 an application for veterans disability compensation disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans disability case of color than for white veterans.

Discrimination due to PTSD

The veterans disability lawyers Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages, and wants the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt 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 victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long, winding journey.

He was denied access at an rate that was much higher than white people. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf by the National veterans disability law Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

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 essential to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an appropriate hearing.

A qualified lawyer can review the evidence used to support your claim, and if necessary, submit additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and this could increase the level of understanding for your situation. This could be a valuable asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical professional for instance, might be able to prove that your pain is caused by your service-related injury, and is disabling. They might also be able to help you get the medical records that are required to prove your claim.