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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that claimed the lives of dozens has won a significant victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed 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. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He wants the VA to compensate him for the benefits that it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability law firms Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

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

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honorable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but the discharge he received was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long, winding route.

He was denied benefits at a higher rate than white counterparts. 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, Veterans disability lawsuits this racial discrimination was systemic and widespread. The lawsuit 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.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence, when needed. A lawyer also knows the challenges involved in dealing with the VA, and this can create a higher level of understanding for your situation. This can be a significant asset in your appeals.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will be able to collaborate with medical specialists to provide additional proof of your condition. For instance, a medical expert might be able demonstrate that the pain you experience is a result of your service-connected injury and that it is causing disability. They could be able to assist you in obtaining the medical records needed to prove your claim.