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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a cash cow. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision which killed dozens has been awarded a significant victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on 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 last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA compensate him for benefits that it has taken him out of and to amend its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed 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 a claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories through each application and re-application to receive benefits, the suit claims.

The lawsuit is seeking monetary damages and also to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that state courts can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans disability attorneys' funds from claims of creditors and family members except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, however his discharge was less than honorable because he was battling two times because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate 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 discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other Veterans Disability attorney.

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 can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an impartial hearing.

A lawyer with experience can look over the evidence used to prove your claim and, when necessary, submit additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstance. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. For example medical experts might be able demonstrate that the pain you are experiencing is a result of your service-related injury and is causing you to be disabled. They may also be able assist you in getting the medical records required to support your claim.