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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for benefits he was deprived of and to alter its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of 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 data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages and wants the court order the VA to examine the the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them deserve truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members 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 from the combat zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Disability Lawsuit 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 failed to deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A qualified 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 familiar with the challenges faced by the VA can be more understanding of your situation. This can be a valuable benefit to your appeals.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't properly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will be able to work with medical experts to provide additional evidence of your health condition. A medical professional for instance, might be able show that your pain is due to your service-related injury and is disabled. They may be able to assist you in getting the medical records you require to prove your claim.