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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. You need an attorney that is licensed to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday that the Department of veterans disability attorney Affairs discriminates against Black veterans in denying 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. He alleges that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits it has not provided him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional damage from having to relive the most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and also to require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them need honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding route.

He was denied benefits at a much higher rate than 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 discrimination was systemic and widespread. It claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A lawyer who is qualified can examine the evidence used to support your claim and submit additional evidence and documentation if necessary. A lawyer who understands the challenges of the VA will be more sympathetic to 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 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 reputable lawyer will also be able to work with medical specialists to provide additional proof of your medical condition. A medical expert for instance, might be able prove that your pain is due to your service-related injury, and is debilitating. They may also be able to assist you get the medical records required to prove your claim.