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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 way to earn money. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much 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 higher rate than those of white veterans disability lawyers over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is 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, homes, employment and education. He would like the VA to reimburse him for the benefits that it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits 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 is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve 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 which he blamed on his PTSD. In 1971, he was given an unjust 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 reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional trauma from reliving the most traumatic memories in each application and re-application, the suit says.

The lawsuit seeks monetary damages and wants the court order the VA to look into the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women’s Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served in the military, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that the state courts can garnish veterans’ VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans’ funds from claims of creditors and family members other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but the discharge he received was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at a much greater rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an equitable hearing.

A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence if necessary. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This could be a great advantage in your appeals.

A veteran’s claim for disability is usually rejected because the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified attorney will be able work with medical experts to provide additional proof of your situation. A medical expert could, for instance, be able to prove that your pain is caused by the injury you sustained while working and is disabling. They might be able assist you in obtaining the medical records needed to support your claim.