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 use their benefits. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that claimed the lives of dozens has won a major victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which 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 documents 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 psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to compensate him for the benefits that it has denied him, and to alter their 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 that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories through each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial compensation, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve honest answers about veterans disability (My Source) compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but then his discharge was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. 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, this discrimination against blacks was systematic and widespread. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. If you're considering appealing an agency decision, it's crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence and documentation should it be required. The lawyer will also understand the challenges involved in dealing with the VA, and this can create a higher level of empathy for your situation. This could be a great benefit to your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. An experienced attorney will be able to work with medical professionals to provide additional proof of your situation. For instance an expert in medicine could be able to prove that the pain you feel is due to your service-related injury and that it is causing you to be disabled. They may also be able assist you in getting the medical records required to support your claim.