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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is why you need an attorney that is certified to deal with 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 at cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to compensate him for the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatic memories with each application and re-application for benefits the suit says.

The lawsuit seeks financial damages and seeks the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by creditors and family members including alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was not honorable as he had two fights because of a post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding route.

He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of but 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 person disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you are able. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.

A licensed lawyer will be able to review the evidence used to justify your claim and present additional evidence, when needed. The lawyer will also understand the difficulties of dealing with the VA and could result in a greater degree of empathy for the situation. This can be an invaluable advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly characterized their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A reputable lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. A medical professional for instance, might be able to prove that your pain is caused by your service-related injury and that it is disabling. They may also be able to assist you obtain the medical records that are needed to support your claim.