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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 money often use their benefits. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has a huge victory. But it comes with a substantial price tag.

Class Action Settlement

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

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. Monk wants the VA to pay him back the benefits it has not provided him, and to alter their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability 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, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

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 troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full 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. He also suffered significant emotional trauma from reliving some of his most traumatizing memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve truthful information about the benefits for veterans disability lawyer and their impact on financial issues in divorce. One of the most common myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims made by creditors and family members with the exception of child support and alimony.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic 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 alleges 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 other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A lawyer who is qualified will be able to review the evidence that was used to back your claim and provide additional evidence, if necessary. A lawyer who understands the VA's issues can be more sympathetic to your situation. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance an expert in medical practice may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They may be able to assist you in getting the medical records you require to support your claim.