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

Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing 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 in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He is requesting that the VA repay him for the benefits that it has taken him out of and to alter its policies on race discharge status, discharge status, and 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal 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

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most painful memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial damages and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members with the exception of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but the discharge he received was not a prestigious one because the two battles he endured were because of a post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. According to the lawsuit filed 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 lawsuit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is important to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal meets all requirements and ensure that it gets a fair hearing.

A competent lawyer will review the evidence that supports your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstance. This could be a great benefit in your appeals process.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your medical condition. A medical expert for instance, might be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabled. They may be able to assist you in getting the medical records required to prove your claim.