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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, 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 past three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life work, education, and employment. He wants the agency to compensate him for benefits it has deprived him of and to amend its policies on 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 information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black veterans disability attorneys were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation and asks the court to require the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require truthful information about veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans against claims from 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, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit brought 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 claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as fast as you are able. A lawyer with experience in appeals for veterans disability can help ensure that your appeal is in line with all the requirements and you are given a fair hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide additional evidence when needed. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your situation. This can be an invaluable advantage during your appeals procedure.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your situation. For instance an expert in medical practice could be able to prove that the pain you feel is a result of your service-related injury and that it is causing you to be disabled. They could be able to assist you in obtaining the medical records needed to prove your claim.