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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an air carrier crash that killed a number of people has won a major victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He wants 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.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to 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 the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to overturn 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 emotional harm as he relived some of his most traumatic memories each time he applied and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans disability law firms may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and arduous route.

He was denied benefits at a much higher rate than white counterparts. 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 asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans like him.

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 an appeal, it's important that you do so as soon as you can. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal meets all the requirements and you are given a fair hearing.

A qualified lawyer can review the evidence used to prove your claim, and when necessary, submit new and additional evidence. A lawyer will also know the challenges of dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be an important benefit to your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional evidence of your situation. For instance an expert in medicine might be able demonstrate that the pain you experience is due to your service-related injury and is causing disability. They may also be able help you get the medical records required to support your claim.