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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash which killed dozens has won a major victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He demands that the agency pay him back for benefits that it has taken him out of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans disability law firm was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court require the VA to review the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them require truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his service, however he was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. The discrimination was racial and widespread, as per the lawsuit brought on his behalf 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 address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by 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 is in compliance with all requirements and is granted an equitable hearing.

A licensed lawyer will be able to review the evidence that was used to back your claim and provide additional evidence, when needed. The lawyer will also be aware of the challenges of dealing with the VA and could create a higher level of empathy for your situation. This can be a significant advantage in your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't properly defined their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A lawyer who is qualified will be able of working with medical professionals to provide additional proof of your health condition. A medical professional for instance, might be able to demonstrate that your pain is caused by the injury you sustained while working and is disabling. They might be able assist you in getting the medical evidence you need to support your claim.