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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 targeted by lawyers who make use of their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans in 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 nursing, claims that discrimination from VA has led him, and other black vets to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits that it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit is seeking monetary damages and also to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require truthful information about the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but later was discharged that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding path.

He was denied benefits at a much greater rate than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to Monk.

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 soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A lawyer who is qualified can review the evidence that was used to justify your claim and present new and additional evidence in the event of need. A lawyer also knows the difficulties of dealing with the VA and can lead to a greater level of empathy for your situation. This can be a valuable advantage in your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. An experienced attorney will be able work with medical professionals to provide additional proof of your medical condition. For instance an expert in medical practice might be able demonstrate that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to prove your claim.