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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 exploited by attorneys who use their benefits as a source of cash. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won a major victory. But it comes with a hefty 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, 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. He claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He wants the VA to compensate him for the benefits that it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability law firms Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories in each application and re-application, the suit states.

The lawsuit seeks damages in the form of money and asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but his discharge was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied services at the rate of significantly more than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA's Board of veterans disability lawyer Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, if needed, provide additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA and could create a higher level of empathy for your situation. This could be a great advantage during your appeals procedure.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you the benefits you deserve. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your health condition. A medical professional, for example, may be able prove that your pain is due to your service-related injury and that it is debilitating. They may also be able to assist you get the medical records that are needed to support your claim.