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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (blog)

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. This is why you should hire an attorney who is licensed to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed 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 higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the agency to reimburse him for benefits he has been deprived of and to alter its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans disability law firm of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members including child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but then was discharged that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous path.

He was denied benefits at a higher rate than his white peers. 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 bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with to a decision of the agency. If you are considering appealing a decision, it is crucial to file an appeal immediately. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is in line with all requirements and it is heard in a fair manner.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence, when needed. The lawyer will also be aware of the challenges of dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be an important benefit to your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency has not correctly classified their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A reputable lawyer will also be able to collaborate with medical specialists to provide additional evidence of your situation. For instance, a medical expert might be able demonstrate that the pain you feel is a result of your service-connected injury and that it is causing you to be disabled. They may be able to assist you in getting the medical records required to support your claim.