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

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A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won a major victory. However, it comes at an expense.

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 the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School veterans disability law firm Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the agency to reimburse him for benefits it has deprived him of and to amend its policies on race discharge status, discharge status and 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 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 be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

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

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance 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 is liable for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most painful memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades 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 the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by family members and creditors including alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long, winding road.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. It is essential to appeal a decision as quickly as you can. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and then submit additional evidence if necessary. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This can be a huge advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. An experienced attorney will be able to work with medical experts to provide additional evidence of your medical condition. For instance an expert in medical practice might be able demonstrate that the pain you suffer is a result of your service-related injury and that it is causing you to be disabled. They could be able to assist you in obtaining the medical records needed to prove your claim.