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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 exploited by attorneys who use their benefits as a cash cow. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won an important victory. However, it comes at cost.

Class Action Settlement

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

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He wants the VA to reimburse him for benefits it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed 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 be granted the right to claim disability benefits 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 is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This “bad paper” prevented him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He 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 suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine its the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women’s Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or who accompany them need honest answers about the benefits for veterans and their impact on money issues in divorce. One of the most popular myths is that veterans disability law firms can have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans’ payments from the claims of creditors and family members other than alimony and child support.

Conley Monk, a volunteer for his country, spent 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 was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on 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 lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you can. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal is in line with all the requirements and that you are given a fair hearing.

A competent lawyer will review the evidence used to support your claim and, if needed, provide additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA and this could result in a greater degree of understanding for your situation. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you’re entitled to. A qualified attorney will be able work with medical experts to provide additional proof of your health condition. For example, a medical expert could be able to prove that the pain you experience is a result of your service-connected injury and that it is causing impairment. They might assist you obtain the medical records that are required to support your claim.