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

Attorneys who exploit disabled veterans to make money frequently use their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. However, it comes with a significant price tag.

Class Action Settlement

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

Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the VA to pay him back the benefits that it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for Veterans Disability lawsuits veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

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 equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial damages and also asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult path.

He was denied services at the rate of significantly more than his white peers. The discrimination was racial and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. It is important to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence if necessary. A lawyer also knows the difficulties of dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be an important benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your medical condition. For example an expert in medicine could be able to prove that the pain you experience is a result of your service-connected injury and is disabling. They might assist you obtain the medical records needed to support your claim.