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

Attorneys who profit from disabled veterans to make money often use their benefits. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has won an important victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He would like the VA to reimburse him for benefits they have denied him and to change 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 Project. The data revealed that Black Veterans disability lawsuit were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks damages in the form of money and asks the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans disability law firm' compensation from claims brought by family members and creditors, except for child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an appeal, it's important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an equitable hearing.

A qualified lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. The lawyer will also understand the difficulties of dealing with the VA and could increase the level of empathy for your situation. This could be a great advantage during your appeals procedure.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not properly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your condition. For instance, a medical expert may be able to show that the pain you experience is a result of your service-connected injury and that it is causing you to be disabled. They might assist you obtain the medical records required to support your claim.