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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He would like the VA to reimburse him for the benefits it has denied him and to amend their policies on race and discharge status as well as denial rates.

In the past year, Monk and the veterans disability lawyers Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and 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 a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" kept him from getting home loans or tuition aid, veterans disability Lawsuits as well as other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to orally order the VA to examine its systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but then his discharge was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and difficult route.

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 veterans Disability lawsuits Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you are considering appealing an appeal, it's important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.

A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit new and additional evidence in the event of need. The lawyer will also understand the difficulties of dealing with the VA and could increase the level of understanding for your situation. This can be a huge advantage during your appeals procedure.

One of the main reasons a veteran's disability claim is denied is due to the agency has not properly classified their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A qualified attorney will also be able to work with medical professionals to provide additional proof of your health condition. For example an expert in medical practice could be able to prove that the pain you experience is related to your service-connected injury and that it is causing impairment. They might be able assist you in getting the medical evidence you need to prove your claim.