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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. This is why you require an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier crash that killed a number of people has won a major victory. However, 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 significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans disability law firms to be affected in ways that have affected their health, homes work, education and employment. Monk wants the VA to pay him back for benefits he was deprived of, and to modify 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 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 data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. 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 repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually 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" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and seeks to have the court order the VA to examine its systems-wide PTSD bias. 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

The veterans who have served our country in uniform or who accompany them need honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A licensed lawyer can examine the evidence that supports your claim, and if needed, provide additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your situation. This can be a significant benefit in your appeals.

One of the main reasons that a veteran's claim for disability is denied is because the agency hasn't correctly classified their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A reputable lawyer will also be able to consult with medical specialists to provide additional proof of your situation. For example medical experts may be able to show that the pain you experience is a result of your service-related injury and is disabling. They might also be able to assist you obtain the medical records required to prove your claim.