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

Attorneys who exploit disabled veterans to make money often use their benefits. This is why you should hire an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, veterans Disability lawsuit an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He is requesting that the VA compensate him for benefits he was deprived of and to amend its policies on race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National veterans disability lawyers Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit 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 to show that VA officials have repeatedly denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

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

The lawsuit seeks financial compensation, and wants the court's order for the VA to examine 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

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. According to the lawsuit filed on 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 Disability Lawsuit was systematic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is crucial to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence and documentation if necessary. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This can be a significant advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will be able work with medical experts to provide additional evidence of your condition. A medical professional is one example. They may be able show that your pain is caused by your service-related injury and is disabled. They may also be able help you get the medical records required to support your claim.