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

Attorneys who profit from disabled veterans to earn money frequently use their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies 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 greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. Monk wants the VA to repay him for the benefits he has been deprived of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honorable. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine the the systemic PTSD bias. This is the latest initiative by groups such as 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 nation in uniform and those who are their companions deserve truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but later he received a discharge that was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and winding route.

He was denied benefits at a much higher rate than his white counterparts. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National veterans disability lawyers Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you're thinking of appealing a decision, it is essential to do so as soon as you can. An experienced lawyer in veteran disability appeals will help you ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim, and if needed, provide additional evidence. A lawyer who knows the VA's issues can be more sympathetic to your circumstances. This can be a valuable asset in your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't correctly characterized their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your condition. A medical professional, for example, may be able prove that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They may also be able help you get the medical records that are required to support your claim.