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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 cash cow. This is why you should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier collision has won a major victory. However, it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much 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, a former psychiatrist, says that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. Monk wants the VA to pay him back the benefits they have denied him, and to modify 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 data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims made by Black veterans disability attorney (visit your url).

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks financial compensation and seeks the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a greater rate than his white counterparts. The discrimination was racial and pervasive, according the lawsuit filed on his behalf 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 but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing an agency decision, it's important that you do so as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.

A competent lawyer will review the evidence that supports your claim, and if necessary, submit new and additional proof. A lawyer will also know the difficulties of dealing with the VA, and this can create a higher level of empathy for your situation. This could be a valuable advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional evidence of your health condition. For instance medical experts might be able prove that the pain you feel is a result of your service-related injury and is causing impairment. They might also be able help you obtain the medical records required to support your claim.