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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, home life, employment, and education. He would like the VA to compensate him for the benefits they have denied him, and to alter their policies regarding race and discharge status as well as 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. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks financial damages and asks the court to decide to require the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts can confiscate veterans disability lawyers' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed the law 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 was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied at the rate of significantly more than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to back your claim and provide additional evidence, in the event of need. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstance. This can be an invaluable asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. For instance an expert in medicine might be able prove that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They might also be able help you get the medical records that are required to prove your claim.