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

Attorneys who profit from disabled veterans to make money often use their benefits. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has a huge victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He wants the VA to reimburse him for the benefits it has not provided him, and to modify their policies on race and discharge status as well as denial rates.

In the past 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and Veterans Disability Lawsuits received an unhonorable military discharge in 1971. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit seeks damages in the form of money and also asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve honest answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, however was discharged that was less than honorable due to the fact that there were two battles due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and winding path.

He was denied access at a rate significantly higher than his white peers. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit 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.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A licensed lawyer can examine the evidence that was used to prove your claim and then submit additional evidence if necessary. A lawyer also knows the difficulties involved in dealing with the VA and could increase the level of empathy for your circumstance. This can be an important asset in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your health condition. For example medical experts might be able demonstrate that the pain you feel is a result of your service-related injury and is disabling. They may be able to assist you in getting the medical records you require to prove your claim.