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

Attorneys who profit from disabled veterans to earn money often use their benefits. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has won an important victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School veterans disability law firms Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. Monk wants the VA 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 filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed 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 black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial compensation and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort 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 survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was less than honorable because he was battling two times because of a post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and arduous path.

He was denied benefits at a greater rate than his white peers. The discrimination was racial and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an opinion of the agency. It is important to appeal a decision as quickly as you can. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal is compliant with all requirements and it receives a fair hearing.

A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence and documentation when needed. The lawyer will also understand the challenges of dealing with the VA, and this can lead to a greater level of understanding for your situation. This could be a valuable advantage in the appeals process.

One of the primary reasons a veteran's disability claim is denied is due to the agency hasn't correctly characterized their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your medical condition. A medical expert could, for instance, be able to demonstrate that your pain is a result of your service-related injury and that it is disabling. They may be able to assist you in obtaining the medical records needed to prove your claim.