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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 way to earn money. You need an attorney that is licensed to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of veterans disability lawyer Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. 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 much higher rate than those of white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back the benefits it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed 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 an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most traumatic memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages, and wants the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them deserve truthful answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors in the case of child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later he received a discharge that was not honorable as there were two battles because of a post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and difficult road.

He was denied access at the rate of significantly more than white people. 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 racial bias was systemic and widespread. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

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

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and can increase the level of understanding for your situation. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually denied due to 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 that you deserve. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your situation. For instance, a medical expert could be able to prove that the pain you experience is a result of your service-connected injury and is causing impairment. They might be able assist you in getting the medical records you require to support your claim.