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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that killed dozens of people has a huge victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans. 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 and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He wants the VA to pay him back the benefits it has not provided him, and to modify their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court order the VA to review the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims brought by family members and creditors with the exception of child support and alimony.

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

He was denied benefits at a rate significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. A lawyer with experience in veteran disability appeals can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and if needed, provide additional and more convincing evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This can be a significant asset in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your situation. For example an expert in medicine might be able prove that the pain you feel is a result of your service-related injury and that it is causing disability. They might also be able to help you get the medical records required to prove your claim.