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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you should hire an attorney who is licensed to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans disability attorneys over the last three decades.

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He wants the agency to pay him back for benefits it has deprived him of and to change its 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 by way of Freedom of Information Act requests which they submitted on behalf of the National veterans disability lawyers Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans disability lawyers were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans disability attorneys.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought 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 disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. That "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money for Veterans Disability Compensation his past denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and seeks the court to require the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them deserve honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for veterans disability compensation Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. It is essential to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets a fair hearing.

A qualified lawyer can review the evidence that was used to justify your claim and present additional evidence, should it be required. A lawyer who knows the VA's challenges can be more sympathetic to your situation. This can be a huge benefit in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly characterized their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will be able of working with medical professionals to provide additional proof of your condition. A medical expert, for example, may be able to demonstrate that your pain is caused by your service-related injury, and is in a way limiting. They may assist you obtain the medical records required to support your claim.