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

Attorneys who exploit disabled veterans to make money often use their benefits. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash which killed dozens has been awarded a significant victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.

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, homes or work and education. He wants the VA to reimburse him for the benefits they have denied him, and to alter their policies regarding race, 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 disability attorney Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve honest answers about the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors in the case of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later the discharge he received was not honorable as there were two battles because of a post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher 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 Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is essential 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 is granted an equitable hearing.

A qualified lawyer can review the evidence used to justify your claim and present additional evidence if necessary. A lawyer also knows the difficulties of dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be a huge advantage during your appeals procedure.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency has not correctly classified their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. An experienced attorney will be able work with medical experts to provide additional proof of your condition. For instance medical experts could be able to prove that the pain you feel is a result of your service-connected injury and is disabling. They may also be able to assist you obtain the medical records that are required to support your claim.