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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you require a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision which killed dozens has won a significant victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to pay him back the benefits it has denied him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application 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.

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 a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (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 helped move equipment and troops into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than honorable. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most painful memories through each application and re-application for benefits, the suit states.

The lawsuit seeks financial compensation and asks the court to order the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims by creditors and family members, except for alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but later was discharged that was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long, winding route.

He was denied benefits at a more frequent rate than his white counterparts. The discrimination was racial and pervasive, according the lawsuit filed on behalf of him 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 but did not deal with decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit new and additional evidence should it be required. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstance. This could be a valuable benefit in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly described their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your condition. A medical professional could, for instance, be able to prove that your pain is caused by your service-related injury and that it is in a way limiting. They could be able to assist you in getting the medical records you require to support your claim.