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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that killed a number of people has won a significant victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying 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. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, 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. Monk wants the VA to repay him for the benefits he was deprived of and to amend its policies regarding race, 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This “bad paper” prevented him from receiving home loans, tuition aid and other benefits.

He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to look into systems-wide PTSD bias. 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 survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This isn’t the case. Congress carefully designed the law in Title 38, U.S. Code to protect veterans disability lawsuit‘ compensation from claims of creditors and family members except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but then was discharged that was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied benefits at a much 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 racial discrimination was systemic and widespread. The lawsuit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an opinion of the agency. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.

A licensed lawyer can review the evidence that was used to support your claim and submit additional evidence in the event of need. The lawyer will also be aware of the challenges of dealing with the VA and this could increase the level of empathy for the situation. This can be a valuable asset in your appeals.

One of the main reasons a veteran’s disability claim is denied is due to the agency has not correctly described their condition. An experienced attorney will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A lawyer who is qualified will be able of working with medical experts to provide additional evidence of your situation. For instance, a medical expert might be able demonstrate that the pain you suffer is due to your service-related injury and that it is causing you to be disabled. They may also be able assist you in getting the medical evidence you need to prove your claim.