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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash which killed dozens has won a significant victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent 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, lawsuits a former psychiatrist, says that discrimination by VA has caused him, and other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA pay him back for benefits he was deprived of and to alter its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of 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 claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the veterans disability law firms Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatizing memories with each application and re-application for benefits the suit claims.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve honest answers about veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments against claims from family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult route.

He was denied benefits at a higher rate than his white counterparts. 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, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is important that you do so immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A licensed lawyer can examine the evidence to support your claim and, if necessary, submit new and additional proof. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstance. This can be an important benefit to your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly classified their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. For instance, a medical expert might be able prove that the pain you are experiencing is related to your service-connected injury and that it is disabling. They may also be able to assist you get the medical records needed to support your claim.