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

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

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed a number of people has a huge victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability law firms by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. Monk wants the VA to compensate him for lawsuits benefits he was deprived of and to amend its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data 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 veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly rejected claims submitted 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 battle zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans, 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. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered significant emotional damage from having to relive the most traumatic memories in each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and asks the court to decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, however was discharged that was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a much higher rate 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence that supports your claim, and Lawsuits if necessary, submit additional evidence. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This can be an invaluable benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your situation. For example, a medical expert may be able to show that the pain you feel is a result of your service-related injury and is causing you to be disabled. They might be able assist you in getting the medical records required to support your claim.