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

Attorneys who profit from disabled veterans to earn money frequently use their benefits. This is why you require an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash that killed dozens of people has won a significant victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. Monk wants the VA to reimburse him for the benefits it has denied him, and to modify their policies on 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 data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and asks the court to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans disability law firms from claims by family members and creditors in the case of child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later his discharge was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of veterans disability law firms Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is important to appeal immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A licensed lawyer is able to examine the evidence used to back your claim and provide new and additional evidence should it be required. A lawyer who understands the VA's issues can be more understanding of your situation. This can be an important advantage in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified attorney will be able to work with medical experts to provide additional proof of your condition. A medical expert is one example. They may be able to demonstrate that your pain is a result of your service-related injury and is disabled. They could be able to assist you in getting the medical evidence you need to support your claim.