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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 taken advantage of by lawyers who use their benefits to make a profit. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won an important victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans disability law firms by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He is requesting that the VA reimburse him for the benefits it has not provided 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 information through 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 likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.

Conley Monk decided to join 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 received an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

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

People who have served their country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims brought by family members and creditors, except for alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but later was discharged that was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you are able. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence used to support your claim and submit additional evidence when needed. A lawyer who understands the VA's challenges can be more sympathetic to your situation. This can be an invaluable asset in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A reputable lawyer will also be able of working with medical experts to provide additional proof of your health condition. For instance an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-related injury and that it is disabling. They may be able to assist you in obtaining the medical records needed to prove your claim.