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

Attorneys who profit from veterans with disabilities to make money often use their benefits. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision which killed dozens has won a major victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA repay him for the benefits it has deprived him of and to change its policies regarding race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color 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 suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even 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 signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most painful memories with each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and wants the court decide to require the VA to look into systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or those who accompany them require truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that the state courts can garnish veterans disability lawyers' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, logged 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 later he received a discharge that was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a much 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeals

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 quickly as you can. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is compliant with all the requirements and that it receives a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, if needed, provide new and additional proof. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your situation. This could be a great benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A reputable lawyer will also be able to collaborate with medical specialists to provide additional proof of your health condition. For instance medical experts may be able to show that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They may also be able help you get the medical records that are required to prove your claim.