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 often rely on their benefits. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing 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. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, 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, homes work, education and employment. He wants the agency to pay him back for benefits it has deprived him of, and to modify its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information 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. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans disability lawsuit than it was for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks financial damages and seeks to have the court orally order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt 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 those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. The discrimination was racial and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as quickly as you can. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all the requirements and that it gets a fair hearing.

A licensed lawyer can review the evidence that was used to prove your claim and then submit new and additional evidence if necessary. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This can be a huge advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your medical condition. A medical expert could, for instance, be able show that the pain you are experiencing is due to your service-related injury and that it is in a way limiting. They may be able to assist you in obtaining the medical records needed to prove your claim.