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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. Monk wants the VA to reimburse him for benefits he was deprived of and to change 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 data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered emotional damage from having to relive the most traumatic memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks damages in the form of money, and wants the court to require 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 address the long-running discrimination 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 influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims brought by creditors and family members, except for child support and alimony.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but 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. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. If you're thinking of appealing a decision, it is essential to do so as soon as you can. An experienced lawyer in appeals for veterans disability can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and if needed, provide additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This can be a significant asset in your appeals.

One of the main reasons that a veteran's claim for disability is denied is because the agency has not properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will be able work with medical professionals to provide additional evidence of your condition. A medical professional is one example. They may be able prove that your pain is due to your service-related injury and that it is in a way limiting. They may also be able assist you in obtaining the medical records needed to support your claim.