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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that killed a number of people has been awarded a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to compensate him for benefits he was deprived of and to alter its policies on race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National veterans disability law firms Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans disability lawsuit of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable 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 rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most painful memories with each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and also to orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who are their companions deserve truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied benefits at a rate significantly higher than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims 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's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your medical condition. For example an expert in medicine might be able demonstrate that the pain you feel is due to your service-related injury and that it is causing disability. They might also be able to assist you obtain the medical records that are needed to support your claim.