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

Attorneys who profit from disabled veterans to make money often use their benefits. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He is requesting that the VA reimburse him for benefits they have denied him, and to modify their policies on race and discharge status as well as denial rates.

Last 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 filed 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 receive a disability claim than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not an honorable. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit is seeking monetary damages and wants the court decide to require the VA to review systems-wide 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

The veterans who have served our country in uniform or those who accompany them require truthful information about the veterans disability compensation and its effect on money 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. This is not true. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors in the case of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but then his discharge was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A competent lawyer will review the evidence used to support your claim, and if needed, provide new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be a valuable benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A professional attorney will also be able to work with medical experts to provide additional evidence of your health condition. A medical professional, for example, may be able to prove that your pain is due to your service-related injury and that it is in a way limiting. They might be able assist you in getting the medical evidence you need to support your claim.