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

Attorneys who exploit disabled veterans disability attorneys to earn money often use their benefits. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed dozens of people has a huge victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for benefits that it has denied him, and to modify their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed 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. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into 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 honorable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial damages and wants the court require the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need honest answers about 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 alimony and child support. It's not true. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or 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 combat zones. He was awarded several medals, but then was discharged that was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous path.

He was denied benefits at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the veterans disability lawyers Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar 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. It is essential to appeal a decision as fast as you can. An experienced lawyer in appeals for veterans disability can help ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.

A qualified lawyer is able to examine the evidence used to back your claim and provide new and additional evidence in the event of need. A lawyer also knows the difficulties involved in dealing with the VA and this could increase the level of empathy for your situation. This can be a huge benefit in your appeals process.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't correctly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional evidence of your medical condition. A medical expert for instance, might be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabled. They might also be able help you get the medical records required to prove your claim.