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

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A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed a number of people has won a significant victory. But it comes at cost.

Class Action Settlement

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

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He wants the VA to pay him back the benefits it has not provided him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine 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 into addressing the discrimination it has suffered for years against victims 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 veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors in the case of alimony or Veterans Disability Lawsuits child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, however was discharged that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a much greater rate than his white counterparts. 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 discrimination against blacks was systematic and widespread. It alleges that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. It is important to appeal a decision as swiftly as you are able. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is in line with all requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and Veterans Disability Lawsuits if necessary, submit additional and more convincing evidence. A lawyer also knows the difficulties involved in dealing with the VA and can create a higher level of empathy for your circumstance. This can be a significant benefit to your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly classified their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able to work with medical specialists to provide additional evidence of your situation. For instance an expert in medical practice may be able to show that the pain you suffer is due to your service-related injury and that it is causing impairment. They may also be able help you obtain the medical records required to prove your claim.