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 cash cow. This is why you should hire an attorney with the right qualifications 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 won an important victory. But it comes with the cost of.

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, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. Monk wants the VA to reimburse him for the benefits it has denied him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to 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 data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

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

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

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to look into systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need honest answers regarding veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans against claims from family members and creditors in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but then his discharge was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and long, veterans disability lawsuits and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. 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 bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. If you're considering appealing a decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.

A qualified lawyer can review the evidence that was used to justify your claim and present new and additional evidence when needed. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstances. This can be an invaluable advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly classified their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your health condition. For instance, a medical expert might be able prove that the pain you feel is a result of your service-connected injury and is disabling. They may be able to assist you in getting the medical evidence you need to support your claim.