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

Attorneys who exploit disabled veterans to earn money often use their benefits. This is why you should hire an attorney who is licensed to handle VA claims.

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

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and 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 pay him back the benefits that it has denied him and to change their policies regarding race, discharge status, and denial rates.

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

Discrimination against PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

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

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them require truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect Veterans disability lawsuit' payment from claims by family members and creditors, except for child support and alimony.

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 received several medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and difficult road.

He was denied at a rate significantly higher 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and did not combat 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 if a claimant disagrees an assessment made by the agency. If you are considering appealing an appeal, it's important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A lawyer who is qualified can review the evidence used to prove your claim and then submit additional evidence when needed. The lawyer will also understand the difficulties of dealing with the VA and this could result in a greater degree of empathy for the situation. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your health condition. A medical expert could, for instance, be able to demonstrate that your pain is a result of your service-related injury and that it is debilitating. They could be able to assist you in getting the medical evidence you need to support your claim.