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

Attorneys who exploit disabled veterans to make money often use their benefits. You need an attorney that is certified to manage VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in 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 greater rate than white veterans in the last three decades.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. Monk wants the VA to compensate him for the benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans disability lawyer.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and also to orally order the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them deserve truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that veterans disability attorney may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims by creditors and family members in the case of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied access 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 asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit additional evidence, should it be required. The lawyer will also understand the difficulties of dealing with the VA and could result in a greater degree of empathy for your situation. This can be an invaluable advantage in the appeals process.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency has not correctly classified their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able of working with medical specialists to provide additional proof of your medical condition. For instance an expert in medical practice may be able to show that the pain you suffer is a result of your service-related injury and is disabling. They may also be able assist you in getting the medical records required to support your claim.