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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is licensed 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 crash has won a major victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. Monk wants the VA to compensate him for the benefits it has not provided him, and to alter their policies regarding race and discharge status as well as denial rates.

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

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and also asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but his discharge was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed 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. It alleges 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 reviews claims for benefits if a claimant disagrees a decision made by the agency. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.

A qualified lawyer can review the evidence used to back your claim and provide additional evidence should it be required. A lawyer who understands the VA's issues can be more understanding of your situation. This could be a great benefit to your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A professional attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. A medical expert is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is disabling. They may assist you get the medical records needed to support your claim.