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

Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won an important victory. However, it comes with a huge cost.

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, according to the lawsuit filed on Monday. 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 claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for the benefits they have denied him, and to modify 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 through 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 likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday the veterans disability law firms Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of 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 equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit is seeking monetary damages and also to require the VA to examine the 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 address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long, winding route.

He was denied benefits at a much higher rate than white peers. According to the lawsuit brought in his behalf by the National veterans disability attorney 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 did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A qualified lawyer can review the evidence that supports your claim and, if necessary, submit new and additional evidence. A lawyer will also know the challenges involved in dealing with the VA, and this can lead to a greater level of empathy for your situation. This could be a valuable asset in your appeals process.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly defined their condition. A qualified attorney can make sure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A reputable lawyer will also be able to consult with medical experts to provide additional proof of your health condition. A medical expert could, for instance, be able to demonstrate that your pain is caused by your service-related injury and that it is disabling. They may also be able to help you get the medical records that are needed to support your claim.