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

Attorneys who profit from veterans disability attorney with disabilities to make profits often make use of their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier collision has won a major victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, 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, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. Monk wants the VA to compensate him for the benefits it has not provided him and to amend 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 data by way of 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 right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and seeks to have the court orally order the VA to review the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members other than 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 out of conflict zones. He was awarded several medals, but then the discharge he received was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeals

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. If you are considering appealing the decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.

A lawyer with experience can look over the evidence used to prove your claim and, if needed, provide new and additional proof. The lawyer will also be aware of the difficulties of dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a huge asset in your appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. For example an expert in medicine might be able demonstrate that the pain you are experiencing is a result of your service-related injury and is causing disability. They may be able to assist you in getting the medical evidence you need to support your claim.