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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is why you require a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an air carrier crash that claimed the lives of dozens has won a major victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the VA to compensate him for the benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application 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 based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later he received a discharge that was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at an rate that was much higher than white people. According to the lawsuit filed 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. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans disability lawsuit. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an appropriate hearing.

A licensed lawyer can examine the evidence used to prove your claim and, should it be necessary, present additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your situation. This can be a significant benefit in your appeals.

One of the most common reasons that a veteran's claim for disability is denied is because the agency has not properly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. An experienced attorney will be able to work with medical experts to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you suffer is a result of your service-connected injury and is disabling. They may also be able to assist you obtain the medical records required to support your claim.