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

Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed a number of people has been awarded a significant victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that 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 documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past 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 affected their health, homes work, education and employment. He wants the VA to reimburse him for benefits that it has denied him and to amend their policies on 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 last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He sued the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories in each application and re-application, the suit states.

The lawsuit seeks monetary damages and wants the court require the VA to look into systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of 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. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged 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 then was discharged that was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at an rate that was much higher 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 bias was systemic and widespread. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as soon as you can. A lawyer with experience in appeals for veterans disability can help ensure that your appeal complies with all requirements and it gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, when necessary, submit additional and more convincing evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and can lead to a greater level of empathy for your situation. This could be a great advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able show that your pain is a result of the injury you sustained while working and is in a way limiting. They could be able to assist you in obtaining the medical records needed to support your claim.