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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the VA to reimburse him for benefits that it has denied him, and to alter their policies regarding 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. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

The veterans disability attorney Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans disability attorneys in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks damages in the form of money and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later given a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied access at the rate of significantly more than white people. The discrimination was racial and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. If you're considering appealing an appeal, it's important that you do so immediately. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim, and when necessary, submit new and additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your situation. This can be a valuable asset in your appeals.

One of the primary reasons a veteran's disability claim is denied is due to the agency hasn't properly classified their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your medical condition. For instance medical experts may be able to show that the pain you are experiencing is a result of your service-related injury and is disabling. They could be able to assist you in getting the medical evidence you need to prove your claim.