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 as a cash cow. This is the reason you need an attorney that is certified to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. 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 higher rate than those of white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to repay him for the benefits that it has taken him out of and to amend its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans disability lawyers from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most painful memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and also to order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans against claims from family members and creditors in the case of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and difficult route.

He was denied access at a rate significantly higher than white people. 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, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. If you are considering appealing the decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all requirements and it is heard in a fair manner.

A licensed lawyer is able to examine the evidence that was used to back your claim and provide additional evidence in the event of need. The lawyer will also understand the difficulties of dealing with the VA and can create a higher level of empathy for the situation. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your medical condition. A medical expert is one example. They may be able to demonstrate that your pain is a result of your service-related injury and that it is disabling. They may also be able help you get the medical records required to support your claim.