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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 who is licensed to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly 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. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He demands that the agency compensate him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 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 on Monday the Veterans Affairs Department denies disability benefits to Black castle rock veterans disability law firm. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatizing memories with each application and re-application, the suit states.

The lawsuit seeks financial damages and seeks the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

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

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, but was later awarded a less than honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. If you're considering appealing an agency decision, it's important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence used to support your claim and, should it be necessary, present additional evidence. A lawyer who knows the VA's issues can be more sympathetic to your situation. This can be a huge advantage in the appeals process.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't properly defined their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your medical condition. A medical expert is one example. They may be able prove that your pain is caused by your service-related injury and that it is disabled. They might be able assist you in getting the medical evidence you need to support your claim.