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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 victimized by lawyers who use their benefits as a way to earn money. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which 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. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He wants the VA to pay him back the benefits that it has denied him and to change 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 in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed 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.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to order the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. 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 is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but then was discharged that was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and winding journey.

He was denied services at an rate that was much higher 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 racial discrimination was systemic and widespread. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A licensed lawyer will be able to review the evidence used to justify your claim and present additional evidence if necessary. The lawyer will also understand the difficulties of dealing with the VA, and this can lead to a greater level of empathy for the situation. This could be a great advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly characterized their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able work with medical experts to provide additional evidence of your condition. For example an expert in medicine might be able demonstrate that the pain you experience is a result of your service-related injury and that it is causing you to be disabled. They may be able to assist you in getting the medical records you require to support your claim.