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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. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has won a significant victory. But it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed 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 higher rate than those of white veterans in the last three decades, according to 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 be affected in ways that have affected their health, home or work and education. Monk wants the VA to compensate him for benefits that it has taken him out of, and to modify its policies regarding race, discharge status and 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 that they made on behalf of National veterans disability attorneys 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 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans disability law firm than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former 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 VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories through each application and re-application, the suit states.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to review the systemic PTSD bias. The lawsuit is the latest attempt 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 survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them require honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law 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-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a much greater rate than his white counterparts. 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 discrimination against blacks was systematic and widespread. The lawsuit claims that the VA did not know about and failed to deal with decades of discrimination against 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. If you're thinking of appealing an agency decision, it's important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A qualified lawyer will be able to review the evidence used to back your claim and provide additional evidence and documentation if necessary. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This can be an important advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your health condition. For example, a medical expert may be able to show that the pain you experience is due to your service-related injury and that it is causing impairment. They may also be able assist you in getting the medical evidence you need to prove your claim.