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

Veterans Disability Attorney with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision which killed dozens has a huge victory. But it comes with a hefty price tag.

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He wants the VA to reimburse him for benefits they have denied him, and to alter 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 information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as 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. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional harm from reliving the most traumatic memories each time he applied and re-application, the suit claims.

The lawsuit seeks financial damages and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the most common myths is that veterans may have their VA compensation garnished in order 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 against claims from family members and creditors with the exception of 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 out of conflict zones. He was awarded numerous medals, but later the discharge he received was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit filed on 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. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you are able. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all the requirements and that it gets a fair hearing.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit new and additional evidence if necessary. A lawyer also knows the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This could be a great advantage in your appeals.

One of the main reasons a veteran's disability claim is denied is because the agency hasn't correctly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A lawyer who is qualified will be able of working with medical professionals to provide additional proof of your situation. A medical professional for instance, might be able prove that your pain is a result of your service-related injury and that it is disabling. They might also be able to assist you get the medical records needed to support your claim.