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

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won an important victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly 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. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans over 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 psychiatric nurse, Veterans Disability Lawsuits says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He would like the VA to compensate him for the benefits they have denied him, and to alter their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted 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 receive the right to claim disability benefits than white veterans between 2001 to 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

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial compensation, and Veterans Disability Lawsuits wants the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve honest answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members including child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however the discharge he received was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans disability attorney. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. It is essential to appeal a decision as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal complies with all the requirements and that it is heard in a fair manner.

A competent lawyer will review the evidence used to prove your claim, and if needed, provide new and additional proof. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your situation. This can be a significant benefit to your appeals.

One of the most common reasons a veteran's disability claim is denied is because the agency has not correctly defined their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional proof of your situation. A medical expert for instance, might be able to prove that your pain is caused by your service-related injury, and is disabling. They might be able assist you in getting the medical records required to prove your claim.