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 use their benefits. 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 disorders linked to a deadly aircraft carrier crash has won an important victory. But it comes with a substantial cost.

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, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, and other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to compensate him for benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatizing memories with each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished 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 protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is essential to do so in the earliest time possible. A lawyer with experience in veteran disability appeals can help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to support your claim and submit additional evidence and documentation if necessary. A lawyer who understands the VA's challenges can be more understanding of your situation. This can be an invaluable benefit in your appeals process.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional proof of your situation. For example, a medical expert might be able prove that the pain you suffer is related to your service-connected injury and is causing you to be disabled. They may also be able help you get the medical records that are required to prove your claim.