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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier collision has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He would like the VA to pay him back the benefits that it has denied him and to amend their policies regarding 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 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. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and also asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by family members and creditors including 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 then the discharge he received was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied benefits at an amount that was significantly higher than his white peers. 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 racial bias was systemic and widespread. It asserts that the VA was aware of and failed to 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 an appeal, it's crucial to file an appeal as soon as you can. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all requirements and ensure that it is heard in a fair manner.

A competent lawyer will review the evidence used to prove your claim and, if needed, provide new and additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and could increase the level of understanding for 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 didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will be able work with medical experts to provide additional proof of your condition. A medical expert could, for instance, be able to demonstrate that your pain is caused by the injury you sustained while working and is disabling. They might also be able help you get the medical records that are required to support your claim.