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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. However, it comes with a significant cost.

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination from VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to pay him back for benefits that it has taken him out 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 information in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

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

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most painful memories in each application and re-application, the suit says.

The lawsuit seeks financial compensation and seeks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like 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

Veterans who have served our nation in uniform and those who accompany them deserve honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, [Redirect-Java] who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after he was involved in 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. It alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. It is essential to appeal a decision as swiftly as you are able. An experienced lawyer in veteran disability appeals can help ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A qualified lawyer can review the evidence used to support your claim, and when necessary, submit additional evidence. A lawyer will also know the difficulties involved in dealing with the VA and could lead to a greater level of empathy for your situation. This can be a valuable advantage in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A qualified lawyer will be able to consult with medical specialists to provide additional proof of your situation. For instance, a medical expert may be able to show that the pain you are experiencing is related to your service-connected injury and that it is causing disability. They might also be able help you get the medical records that are required to prove your claim.