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 way to earn money. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a significant victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. Monk wants the VA to reimburse him for benefits that it has denied him and to change their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made 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 the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages, and wants the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require truthful information about the disability benefits of veterans disability attorneys and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

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 several medals, however the discharge he received was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied benefits at a higher rate than his white peers. According to the lawsuit filed in 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 claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeals

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

A competent lawyer will review the evidence used to prove your claim, and when necessary, submit additional and more convincing evidence. The lawyer will also understand the difficulties involved in dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified attorney will also be able work with medical experts to provide additional evidence of your medical condition. For instance an expert in medical practice may be able to show that the pain you feel is a result of your service-connected injury and is causing impairment. They may assist you obtain the medical records needed to support your claim.