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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 frequently use their benefits. This is why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. But it comes with a hefty 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, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for benefits that it has denied him and to amend their policies regarding race, 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 submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for Veterans Disability Lawsuits white veterans disability lawyer.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former 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 in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks monetary damages and wants the court order the VA to examine its systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform, or who are their companions deserve honest answers regarding the benefits for veterans and their impact on financial issues in divorce. 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 isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but was discharged that was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult route.

He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit filed on 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 was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A competent lawyer will review the evidence to support your claim and, should it be necessary, present new and additional proof. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This can be a significant advantage in your appeals.

One of the main reasons a veteran's disability claim can be denied is because the agency hasn't correctly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your health condition. For example an expert in medicine could be able to prove that the pain you experience is a result of your service-connected injury and that it is causing impairment. They could be able to assist you in getting the medical evidence you need to prove your claim.