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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 taken advantage of by lawyers who use their benefits as a cash cow. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has won a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA repay him for the benefits that it has taken him out of, and to modify its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans disability lawsuits.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded 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 a lot of emotional damage from having to relive the most traumatic memories in each application and re-application, the suit claims.

The lawsuit seeks monetary damages and wants the court decide to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.

A qualified lawyer can review the evidence that was used to support your claim and submit additional evidence should it be required. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This can be a valuable advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to work with medical specialists to provide additional evidence 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 is disabling. They could be able to assist you in getting the medical records required to support your claim.