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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 frequently use their benefits. This is why you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has won a major victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly 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. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA repay him for the benefits it has deprived him of, and to modify its policies on 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 data 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 prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional harm from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but his discharge was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding path.

He was denied at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence to support your claim and, should it be necessary, present new and additional proof. The lawyer will also be aware of the challenges involved in dealing with the VA and could create a higher level of empathy for your situation. This can be a huge asset in your appeals process.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't properly described their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your health condition. For instance medical experts might be able demonstrate that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They might also be able to assist you get the medical records needed to support your claim.