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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched a major victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans disability law firm in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to repay him for the benefits that it has taken him out of and to amend 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 data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black veterans disability lawyers Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine its systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors except for alimony or 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 for his service, however he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at an amount that was significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. 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.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.

A licensed lawyer can examine the evidence to support your claim and, should it be necessary, present new and additional evidence. A lawyer will also know the difficulties involved in dealing with the VA and could result in a greater degree of empathy for the situation. This can be a valuable benefit in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly characterized their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your condition. A medical professional could, for instance, be able show that the pain you are experiencing is due to your service-related injury and that it is disabled. They may be able to assist you in getting the medical records you require to support your claim.