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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is why you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash that claimed the lives of dozens 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 by refusing their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He is requesting that the VA reimburse him for the benefits they have 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 last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories each time he applied and re-application, the suit states.

The lawsuit seeks financial damages and seeks the court to order the VA to examine 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

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors including alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable because he was battling two times due to undiagnosed 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 much higher rate than his white counterparts. 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, this racial bias was systemic and widespread. The suit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

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 a decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A lawyer who is qualified can review the evidence used to justify your claim and present new and additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be a huge advantage in the appeals process.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A qualified lawyer will also be able to consult with medical experts to provide additional proof of your condition. A medical professional for instance, might be able to prove that the pain you are experiencing is due to your service-related injury, and is disabling. They may also be able to assist you obtain the medical records that are needed to support your claim.