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 rely on their benefits. This is why you should hire a attorney who is accredited 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 cost.

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life work, education, and employment. He would like the VA to reimburse him for benefits it has not provided him, and to modify their policies on race, discharge status, and Lawsuits denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Lawsuits Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

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

The lawsuit seeks financial compensation, and wants the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. The discrimination was racial and pervasive, according to 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 redress for Monk and other veterans similar to Monk.

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 are considering appealing the decision, it is important that you do so as soon as possible. A lawyer who is experienced in appeals for disabled veterans disability attorneys will help you ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A qualified lawyer is able to examine the evidence used to back your claim and provide additional evidence in the event of need. A lawyer also knows the challenges involved in dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your condition. For example, a medical expert might be able demonstrate that the pain you suffer is related to your service-connected injury and is causing disability. They may also be able to assist you get the medical records needed to support your claim.