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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 issues related to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA compensate him for benefits he has been deprived of, and to modify its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans disability Attorney than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a range of benefits 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. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories through each application and re-application to receive benefits, the suit claims.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to look into the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans disability attorney' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then his discharge was less than honorable due to the fact that he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. If you're thinking of appealing a decision, it is essential to do so immediately. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence that was used to back your claim and provide additional evidence if necessary. A lawyer also knows the challenges involved in dealing with the VA and this could lead to a greater level of empathy for the situation. This can be a huge advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't properly defined their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your condition. For instance medical experts may be able to show that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical records required to prove your claim.