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 need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched a major victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday, 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. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He wants the VA to reimburse him for benefits they have denied him and to change their policies regarding race, discharge status, and denial rates.

Last 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 receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not honorable. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatizing memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans disability law firm' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but his discharge was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous road.

He was denied benefits at a much greater rate than his white peers. This discrimination against blacks was widespread and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A licensed lawyer can examine the evidence used to prove your claim, and if needed, provide new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This could be a valuable advantage in the appeals process.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly described their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified attorney will be able to work with medical professionals to provide additional proof of your medical condition. For instance an expert in medicine might be able demonstrate that the pain you experience is due to your service-related injury and that it is causing impairment. They may assist you get the medical records required to support your claim.