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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 victimized by lawyers who use their benefits as a cash cow. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives as well as their employment and education. Monk wants the VA to repay him for the benefits that it has taken him out of and to alter its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of 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. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and also asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them need truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by family members and creditors with the exception of child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was less than honorable due to the fact that 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 winding road.

He was denied benefits at the rate of significantly more than his white peers. 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 discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is crucial to file an appeal immediately. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal meets all the requirements and that you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence and documentation when needed. A lawyer who understands the challenges of the VA will be more understanding of your situation. This can be a huge advantage in the appeals process.

One of the main reasons a veteran's disability claim is denied is because the agency hasn't properly characterized their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional evidence of your situation. A medical professional, for example, may be able show that your pain is caused by your service-related injury and that it is disabling. They may also be able help you get the medical records that are required to support your claim.