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

Attorneys who exploit veterans with disabilities to make money often use their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier collision has won a major victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per 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 that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, Veterans Disability Compensation according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black veterans disability lawyer, to suffer in a manner that has affected their health, their home lives, employment, and education. He would like 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.

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 disability litigation 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 from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans disability lawyer.

Discrimination in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans disability compensation. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

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

Alimony Discrimination

Those who have served our country in uniform or who accompany them need honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at an amount that was significantly 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 racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important to appeal immediately. A lawyer who is experienced in appeals for disabled veterans disability claim can help ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This could be a great benefit to your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't properly characterized their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your condition. For example medical experts may be able to show that the pain you suffer is due to your service-related injury and that it is causing disability. They may also be able assist you in getting the medical records you require to prove your claim.