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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the past 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 the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the agency to compensate him for benefits it has deprived him of and to alter its policies regarding race as well as discharge status and 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 results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

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 vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. He also suffered severe emotional damage from having to relive some of his most traumatic memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort 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

The veterans who have served our nation in uniform and those who accompany them require truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with 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 also knows the challenges of dealing with the VA and can create a higher level of empathy for your situation. This can be a huge asset in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly classified their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified lawyer will be able of working with medical experts to provide additional proof of your health condition. A medical expert, for example, may be able show that your pain is caused by your service-related injury and is disabling. They might be able assist you in getting the medical records required to support your claim.