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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is licensed to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. 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 more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to pay him back the benefits it has denied him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National veterans Disability law firms Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have rejected claims submitted by Black veterans disability lawyer in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

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

The lawsuit seeks monetary damages, and wants the court to require 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 victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful answers regarding the benefits for veterans and their effect on money issues in 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 is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by family members and creditors including alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but he received a discharge that was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and arduous road.

He was denied access at an rate that was much higher than his white peers. 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 disability attorneys Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is crucial to file an appeal immediately. An experienced lawyer in veteran disability appeals can help ensure that your appeal is compliant with all requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence that supports your claim, and if needed, provide additional and more convincing evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This could be a valuable advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly defined their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your health condition. For example an expert in medical practice might be able prove that the pain you experience is a result of your service-related injury and that it is causing impairment. They might also be able to help you get the medical records needed to support your claim.