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

Attorneys who exploit disabled veterans to make money often rely on their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a significant victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School veterans disability attorneys Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He would like the VA to compensate him for the benefits it has denied him, and to alter their policies on race and veterans disability attorney discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National veterans Disability Attorney Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite 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 was a volunteer in the Marines during the Vietnam War, driving a truck that was shot 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 was given an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then his discharge was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought 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 did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal complies with all requirements and you are given a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence and documentation should it be required. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This can be a valuable asset in your appeals.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A qualified attorney will be able work with medical professionals to provide additional proof of your condition. A medical expert, for example, may be able prove that your pain is caused by your service-related injury and that it is in a way limiting. They may also be able assist you in getting the medical records required to support your claim.