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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 use their benefits. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He is requesting that the VA pay him back for benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information 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 results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

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 combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatizing memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous road.

He was denied benefits at a much greater rate than his white counterparts. 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 racial bias was systemic and widespread. It claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, when necessary, submit new and additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your circumstance. This can be an important benefit to your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe 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. An experienced attorney will be able work with medical experts to provide additional proof of your condition. For example, a medical expert might be able prove that the pain you are experiencing is a result of your service-connected injury and is causing disability. They may assist you get the medical records that are required to prove your claim.