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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. This is the reason you need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed dozens of people has been awarded a significant victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than 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 retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans disability law firms, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA pay him back the benefits that it has denied him and to amend their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed 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 be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and also to decide to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort 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 survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding the benefits for veterans and their 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 carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long, winding road.

He was denied benefits at an rate that was much higher than his white peers. 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 discrimination against blacks was systematic and widespread. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. It is crucial to appeal a decision as quickly as you can. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence that supports your claim and, should it be necessary, present new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and this could result in a greater degree of empathy for your situation. This can be an invaluable asset in your appeals process.

One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't properly characterized their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. An experienced attorney will be able to work with medical professionals to provide additional evidence of your situation. For example an expert in medical practice could be able to prove that the pain you are experiencing is a result of your service-connected injury and that it is disabling. They might also be able to assist you get the medical records that are needed to support your claim.