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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. 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 issues related to a deadly aircraft carrier collision has won a major victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which 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 documents 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 greater rate than white veterans over the last three decades.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, home life work, education, and employment. Monk wants the VA to reimburse him for benefits it has not provided him and to amend their policies regarding race and discharge status as well as 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 that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans disability attorney.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and Veterans Disability Lawsuits equipment to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not an honorable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks financial damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them need honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members, except for alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than his white peers. The discrimination was racial and widespread, as per the lawsuit filed on behalf of him 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 address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. If you're considering appealing a decision, it is essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A licensed lawyer can examine the evidence to support your claim, and if needed, provide additional and more convincing evidence. A lawyer also knows the challenges of dealing with the VA and can create a higher level of empathy for the situation. This could be a great benefit in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your situation. For instance, a medical expert could be able to prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may also be able to assist you get the medical records required to support your claim.