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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 taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. 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, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to pay him back the benefits they have denied him and to amend their policies on race, 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 attorney Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatic memories through each application and re-application, the suit claims.

The lawsuit seeks monetary damages and also to require the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims by family members and creditors in the case of alimony and child support.

Conley Monk, who was a 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 received several medals for his service, however he was later acquitted of a less honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult path.

He was denied at an rate that was much higher than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on his behalf by the National veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It 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 similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. If you are considering appealing an agency decision, it's important that you do so immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A lawyer who is qualified can review the evidence used to justify your claim and present additional evidence and documentation if necessary. A lawyer also knows the challenges of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This could be a great asset in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly characterized 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 qualified attorney will be able to collaborate with medical professionals to provide additional proof of your health condition. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury and that it is in a way limiting. They may also be able to help you obtain the medical records required to support your claim.