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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 exploited by attorneys who use their benefits as a cash cow. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically 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. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He demands that the agency pay him back for benefits that it has taken him out of and to change its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans disability lawyers. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, 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 submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This “bad paper” kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and also to order the VA to examine the systemic 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 victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them need honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims made by family members and creditors, except for child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, but was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on behalf of him 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 combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as quickly as you are able. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A qualified lawyer can review the evidence used to prove your claim, and should it be necessary, present new and additional evidence. The lawyer will also understand the difficulties of dealing with the VA and can increase the level of empathy for your circumstance. This can be a valuable asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly classified their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able to collaborate with medical specialists to provide additional proof of your situation. A medical professional, for example, may be able to prove that your pain is a result of your service-related injury, and is disabling. They might also be able to assist you obtain the medical records required to prove your claim.