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 cash cow. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans disability lawyers by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to compensate him for benefits that it has taken him out of, and to modify its policies on race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial compensation and asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. It is not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later he received a discharge that was not a prestigious one because the two battles he endured were because of a post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied access at a rate significantly higher than his white peers. According to the lawsuit filed 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. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Disability Lawsuit Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an equitable hearing.

A lawyer who is qualified can examine the evidence used to support your claim and submit additional evidence and documentation if necessary. The lawyer will also understand the challenges of dealing with the VA and could increase the level of empathy for your situation. This could be a valuable benefit in your appeals process.

One of the primary reasons a veteran's disability claim is denied is because the agency has not properly described their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional evidence of your condition. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury, and is disabling. They could be able to assist you in obtaining the medical records needed to support your claim.