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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 way to earn money. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a major victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. Conley Monk is 74 years old and a 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 over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for benefits they have denied him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the veterans disability attorney Legal Services Clinic obtained 20 years of VA disability compensation claim information through 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 an appeal for disability than white veterans disability attorneys between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination 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 an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatizing memories with each application and re-application, the suit states.

The lawsuit seeks monetary damages and wants the court orally order the VA to review the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on behalf of him by the National Veterans 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 combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A lawyer who is qualified can review the evidence that was used to justify your claim and present new and additional evidence if necessary. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. An experienced attorney will be able to work with medical professionals to provide additional evidence of your medical condition. A medical expert could, for instance, be able to prove that your pain is due to your service-related injury and that it is disabling. They might also be able help you get the medical records needed to support your claim.