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

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is why you require an attorney who is licensed to deal with VA claims.

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

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 on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater 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, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to compensate him for the benefits that it has denied him and to amend their policies on 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 that they made 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 the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered emotional trauma from reliving some of his most traumatic memories through each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and seeks the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by family members and creditors, except for child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability law firm Legal Services Clinic at Yale Law School. The lawsuit 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 Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A lawyer who is qualified will be able to review the evidence used to prove your claim and then submit additional evidence, should it be required. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be a significant asset in your appeals.

One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't properly classified their condition. A lawyer with experience can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your health condition. A medical professional is one example. They may be able show that your pain is a result of the injury you sustained while working and is disabled. They may be able to assist you in getting the medical evidence you need to prove your claim.