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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. 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 conditions linked to a fatal aircraft carrier crash has won an important victory. But it comes with an expense.

Class Action Settlement

The Department of veterans disability law firms Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly 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. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA repay him for the benefits that it has taken him out of, and to modify its policies on 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 information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans 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 on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 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 for benefits, the suit states.

The lawsuit seeks financial compensation and also asks the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however his discharge was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at a rate significantly higher than his white peers. This racial discrimination was systemic and widespread, 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 asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. If you're thinking of appealing an appeal, it's important that you do so immediately. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal meets all the requirements and that you are given a fair hearing.

A competent lawyer will review the evidence used to support your claim and, when necessary, submit additional and more convincing evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This could be a great advantage in the appeals process.

One of the main reasons a veteran's disability claim can be denied is because the agency hasn't properly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional proof of your health condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury, and is debilitating. They might be able assist you in getting the medical records required to prove your claim.