Veterans 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 to make a profit. This is the reason you need an attorney who is licensed to manage VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying 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 higher rate than those of white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to compensate him for 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans disability law firms.

Discrimination basing it on PTSD

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

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

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans disability lawyers' funds from claims of creditors and family members except for alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans 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 claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as soon as you are able. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal meets all the requirements and you are given a fair hearing.

A competent lawyer will review the evidence to support your claim and, should it be necessary, present new and additional proof. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This could be a valuable asset in your appeals process.

One of the primary reasons a veteran's disability claim is rejected is because the agency has not properly classified their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A reputable lawyer will also be able to consult 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 a result of your service-connected injury and that it is causing disability. They may also be able to assist you obtain the medical records needed to support your claim.