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

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a 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. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He wants the agency to compensate him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status, and denial rates.

In the past year, Disability Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted 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 be granted a disability claim than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and asks the court to decide to require the VA to review systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict 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 triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous road.

He was denied benefits at a much higher rate than white counterparts. 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, the discrimination against Black veterans disability law firm was systematic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you are able. A lawyer with experience in veteran disability appeals can help ensure that your appeal meets all the requirements and it is heard in a fair manner.

A lawyer with experience can look over the evidence used to prove your claim, and if needed, provide additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This could be a great asset in your appeals process.

One of the primary reasons a veteran's disability claim can be denied is because the agency has not properly described their condition. A skilled attorney will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will be able to work with medical experts to provide additional proof of your medical condition. For instance medical experts might be able demonstrate that the pain you are experiencing is a result of your service-connected injury and is causing disability. They may also be able to assist you obtain the medical records that are needed to support your claim.