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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. 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 conditions linked to a fatal aircraft carrier crash has won a major victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to reimburse him for the benefits they have denied him and to change their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through 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 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit claims.

The lawsuit is seeking monetary damages and wants the court orally order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the veterans disability lawsuit Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not confront decades-old 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 important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A qualified lawyer can review the evidence to support your claim, and should it be necessary, present new and additional proof. A lawyer who knows the VA's challenges can be more understanding of your situation. This can be a huge advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly characterized their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your health condition. A medical expert could, for instance, be able show that the pain you are experiencing is due to your service-related injury and is debilitating. They may be able to assist you in getting the medical evidence you need to support your claim.