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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 frequently use their benefits. This is the reason you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash which killed dozens has a huge victory. However, it comes at cost.

Class Action Settlement

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

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA repay him for the benefits he has been deprived of, and to modify its policies on race discharge status, discharge status and 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, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorney, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive the most traumatic memories with each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and also to orally order the VA to examine its the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding road.

He was denied at a rate significantly higher 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 bias was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. If you are considering appealing an agency decision, it's important that you do so as soon as you can. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal meets all requirements and it receives a fair hearing.

A qualified lawyer can examine the evidence used to prove your claim and then submit additional evidence, in the event of need. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This could be a great benefit to your appeals.

One of the main reasons that a veteran's claim for disability is rejected is because the agency has not properly characterized their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your health condition. For instance an expert in medical practice might be able prove that the pain you feel is a result of your service-related injury and that it is disabling. They might also be able help you obtain the medical records that are required to support your claim.