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 rely on their benefits. This is why 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 disorders linked to a deadly air carrier collision has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He would like the VA to pay him back the benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyer Council for Legal Redress and the Black Veterans disability lawsuit Project. The results showed 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 veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed 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 volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

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

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors, except for alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied at a rate significantly higher than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed 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 confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence that was used to justify your claim and present additional evidence, when needed. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This can be a valuable benefit in your appeals.

One of the main reasons a veteran's disability claim is denied is due to the agency has not correctly described their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. A professional attorney will also be able to work with medical professionals to provide additional proof of your medical condition. For example, a medical expert might be able prove that the pain you suffer is related to your service-connected injury and is causing disability. They might also be able help you obtain the medical records that are needed to support your claim.