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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. This is why you should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has a huge victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School veterans disability law firm Legal Services Clinic.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He demands that the agency compensate him for benefits it has deprived him of, and to modify its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely 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 is based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and also asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law found 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 accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding road.

He was denied at the rate of significantly more than white people. This racial discrimination was systemic 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 was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. If you are considering appealing a decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A qualified lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence if necessary. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstances. This could be a great benefit to your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your medical condition. For example, a medical expert may be able to show that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may also be able help you obtain the medical records needed to support your claim.