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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 money often rely on their benefits. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won an important victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans disability compensation. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He wants the agency to pay him back for benefits he was deprived of and to change its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National veterans disability settlement Council for Legal Redress, and 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 until 2020. Additionally, veterans disability compensation the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black veterans disability compensation in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. He also suffered significant emotional damage from having to relive some of his most painful memories with each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and wants the court order 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 force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them need truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans disability law can get their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation against claims from creditors and family members including alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied benefits at a much more frequent rate than his white counterparts. 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, this discrimination against blacks was systematic and widespread. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an impartial hearing.

A lawyer with experience can look over the evidence used to prove your claim, and when necessary, submit additional evidence. A lawyer will also know the difficulties involved in dealing with the VA, and this can increase the level of empathy for your situation. This could be a great advantage in the appeals process.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not correctly characterized their condition. A skilled attorney will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. 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 medicine could be able to prove that the pain you are experiencing is due to your service-related injury and is causing you to be disabled. They may also be able assist you in getting the medical records you require to support your claim.