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

Attorneys who profit from disabled veterans to earn money often use their benefits. This is why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal air carrier collision has won an important victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to pay him back the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks damages in the form of money, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans disability law firms. It seeks justice for Monk and other veterans.

Appeals

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 can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence when needed. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your health condition. For instance an expert in medical practice may be able to show that the pain you experience is a result of your service-related injury and is causing impairment. They may also be able help you get the medical records needed to support your claim.