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

Attorneys who profit from veterans with disabilities to make money often use their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has won a major victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which 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 more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans 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 be affected in ways that have impacted their health, home work, education and employment. He is requesting that the VA compensate him for the benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information 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 and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatic memories in each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and asks the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation against claims from family members and creditors including alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable due to the fact that he had two fights caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long, winding route.

He was denied benefits at a more frequent rate than his white counterparts. 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 bias was systemic and widespread. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. If you are considering appealing the decision, it is essential to do so as soon as possible. An experienced lawyer in appeals for veterans disability can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A lawyer with experience can look over the evidence used to support your claim and, if needed, provide additional and more convincing evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. 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 properly, which will allow you to receive the benefits that you deserve. An experienced attorney will be able work with medical professionals to provide additional evidence of your situation. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and that it is disabled. They might be able assist you in getting the medical records you require to prove your claim.