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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly 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. 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 in the past three decades.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to pay him back for benefits that it has taken him out of and to alter its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans disability lawsuit of color was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse his discharge. He 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 also claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to look into systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve truthful information about veterans disability compensation and its impact 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 crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by family members and creditors in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according 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. The lawsuit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. It is essential to appeal a decision as soon as you can. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is in line with all the requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and, when necessary, submit additional evidence. A lawyer also knows the difficulties of dealing with the VA and could result in a greater degree of empathy for your situation. This can be an important benefit to your appeals.

A claim for disability from a veteran is usually rejected because 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 receive the benefits you deserve. An experienced attorney will be able to work with medical professionals to provide additional proof of your medical condition. For example, a medical expert could be able to prove that the pain you experience is due to your service-related injury and is causing disability. They might also be able to help you get the medical records that are required to support your claim.