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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is why you require an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has won an important victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for Veterans Disability benefits that it has taken him out of and to change its policies regarding race discharge status, discharge status, and denial rates.

Last 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 disability law firms Project. The data revealed that Black veterans were statistically less likely to receive 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 is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt 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

Veterans who have served our nation in uniform, or who accompany them deserve truthful information about veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more than his white peers. According to the lawsuit filed on 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 asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing the decision, it is important to appeal as soon as possible. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A competent lawyer will review the evidence used to support your claim, and if needed, provide new and additional evidence. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A professional attorney will also be able work with medical experts to provide additional evidence of your health condition. A medical expert for instance, might be able show that your pain is caused by your service-related injury and that it is disabling. They may also be able assist you in getting the medical records you require to support your claim.