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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He is requesting that the VA reimburse him for benefits he has been deprived of and to amend its policies on 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 an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it 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 or education, as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. This “bad paper” did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to examine the systems-wide PTSD bias. It is the latest effort 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 survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans’ compensation from claims made by family members and creditors in the case of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer will also know the challenges of dealing with the VA, and this can lead to a greater level of empathy for your situation. This could be a valuable advantage in the appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn’t correctly characterized their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your medical condition. A medical expert is one example. They may be able to demonstrate that your pain is caused by your service-related injury, and is disabling. They might also be able to help you get the medical records required to prove your claim.