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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 an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA repay him for the benefits he was deprived of, and to modify its policies regarding race as well as discharge status and denial rates.

In the past 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 a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He ended up 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 getting the home loan, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women’s Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them require honest answers about veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans’ VA compensation to pay for alimony and child support. It’s not true. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans’ payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He received several medals for his service, but was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a higher rate than his white peers. The discrimination was racial and widespread, as per the lawsuit brought on behalf of him by the National veterans disability lawyers Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you’re thinking of appealing a decision, it is important to appeal as soon as possible. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal is in line with all requirements and you are given a fair hearing.

A qualified lawyer can review the evidence that supports your claim and, if needed, provide new and additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and this could create a higher level of empathy for the situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency didn’t accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your health condition. For example an expert in medical practice could be able to prove that the pain you feel is a result of your service-connected injury and is causing impairment. They could be able to assist you in getting the medical records required to support your claim.