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

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A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier collision that killed dozens of people has won a significant victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly 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 documents 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 in the last three decades.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the VA to reimburse him for benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.

Last 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 filed on behalf of the National Veterans Council for Legal Redress and Veterans disability the Black Veterans Project. This data showed 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 basing it on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of 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 significant emotional trauma from reliving some of his most painful memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and seeks to have the court order the VA to look into systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

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

Conley Monk accepted a call 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 several medals for his work, but he was later issued a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to grant his claim for disability compensation was a long, winding journey.

He was denied at a rate significantly higher than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed 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 knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. It is important to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals for veterans disability (Recommended Web page) will help you ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.

A licensed lawyer can examine the evidence that supports your claim and, when necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA and could increase the level of empathy for your circumstance. This could be a valuable advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your health condition. For instance medical experts could be able to prove that the pain you feel is a result of your service-connected injury and is disabling. They might also be able help you obtain the medical records that are required to prove your claim.