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

Attorneys who profit from disabled veterans to make money often use their benefits. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier which killed dozens has won a major victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School veterans disability attorney Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the VA to reimburse him for benefits that it has denied him and to change their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered significant emotional harm as he relived some of his most traumatic memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial compensation and seeks the court's order for 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 to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers about veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at a much higher rate than white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

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 a decision, it is important to appeal immediately. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal meets all requirements and ensure that you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence should it be required. A lawyer also knows the challenges of dealing with the VA and could result in a greater degree of empathy for your circumstance. This could be a great benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A reputable lawyer will also be able to work with medical professionals to provide additional evidence of your medical condition. A medical professional for instance, might be able prove that the pain you are experiencing is due to your service-related injury and is in a way limiting. They may also be able help you obtain the medical records that are required to support your claim.