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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate 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. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the agency to reimburse him for benefits it has deprived him of and to change its policies regarding race as well as 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 filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans disability lawsuit of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than honourable. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatizing memories each time he applied and re-application, the suit says.

The lawsuit is seeking monetary damages and wants the court require the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort 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 victims of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden 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 he was involved in two fights caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and winding route.

He was denied access at an rate that was much 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, this racial discrimination was systemic and widespread. The lawsuit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A licensed lawyer can examine the evidence used to support your claim, and if necessary, submit new and additional evidence. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This could be a great advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your medical condition. For instance an expert in medicine may be able to show that the pain you experience is a result of your service-related injury and is causing impairment. They may be able to assist you in getting the medical records you require to prove your claim.