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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying 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. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life as well as their employment and veterans Disability lawsuits education. He wants the VA to compensate him for the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatic memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and wants the court order the VA to review systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from creditors and family members, except for alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but the discharge he received was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and winding road.

He was denied benefits at a more frequent rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. If you're thinking of appealing an agency decision, it's important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an equitable hearing.

A lawyer who is qualified is able to examine the evidence used to support your claim and submit new and additional evidence when needed. A lawyer who knows the VA's issues can be more understanding of your circumstance. This can be an invaluable advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your situation. A medical expert could, for instance, be able show that your pain is caused by your service-related injury, and is debilitating. They could be able to assist you in getting the medical records required to support your claim.