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

Attorneys who exploit veterans with disabilities to make money often use their benefits. This is why you need 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 issues related to a fatal aircraft carrier crash has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate 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. He claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the VA to compensate him for the benefits it has not provided him and to amend their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the veterans disability attorneys Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or Veterans Disability Lawsuits tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm from reliving the most traumatic memories through each application and re-application, the suit says.

The lawsuit seeks financial damages and also asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as 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 deserve honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long, winding path.

He was denied services at a rate significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A licensed lawyer can review the evidence used to prove your claim and then submit additional evidence if necessary. A lawyer also knows the challenges of dealing with the VA and can increase the level of empathy for your situation. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A lawyer who is qualified will be able to consult with medical experts to provide additional evidence of your situation. For instance, a medical expert could be able to prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They might also be able to help you get the medical records that are required to support your claim.