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 frequently use their benefits. You need an attorney who is certified to handle 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 won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He wants the agency to compensate him for benefits that it has taken him out of, and to modify its 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 through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial compensation and also asks the court to direct the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims by creditors and family members, except for alimony and child support.

Conley Monk, a 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 service, however he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding road.

He was denied benefits at a higher rate than white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on his behalf by the National veterans disability attorney Council for Legal Redress and the veterans disability lawyers Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to combat decades of 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 disagrees with a decision the agency has made. If you're considering appealing an appeal, it's crucial to file an appeal in the earliest time possible. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim, and when necessary, submit new and additional proof. The lawyer will also understand the difficulties involved in dealing with the VA, and this can increase the level of empathy for the situation. This can be an important asset in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't correctly described their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. A medical professional could, for instance, be able show that your pain is caused by the injury you sustained while working and is in a way limiting. They may also be able help you get the medical records required to prove your claim.