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 to make a profit. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, Lawsuits a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA compensate him for the benefits it has denied him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the veterans disability lawyer Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most painful memories through each application and re-application for benefits, the suit says.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied 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 misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation against claims from family members and creditors including alimony and child support.

Conley Monk decided 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, but was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A qualified lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation if necessary. A lawyer who understands the VA's issues can be more understanding of your circumstance. This can be a valuable asset in your appeals.

A claim for disability from a veteran 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 properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your condition. A medical expert, for example, may be able prove that your pain is a result of your service-related injury and that it is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.