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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier collision has won a major victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability law firms by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. 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 as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans disability law firms, to suffer in a way that has affected their health, home life, employment, and education. He wants the VA to reimburse him for the benefits it has denied him, and to modify 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 past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

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

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This “bad paper” kept him from getting home loans, tuition aid and other benefits.

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

The lawsuit seeks monetary damages and wants the court order the VA to review the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women’s Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It’s not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans’ payments from claims brought by family members and creditors including alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then was discharged that was less than honorable because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied at an amount that was significantly higher than his white peers. The discrimination was racial and pervasive, according the lawsuit filed on behalf of him 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 redress for Monk and other veterans similar to him.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as quickly as you are able. A lawyer with experience in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A competent lawyer will review the evidence used to support your claim, and when necessary, submit new and additional proof. A lawyer will also know the difficulties of dealing with the VA and can lead to a greater level of empathy for your circumstance. This could be a great asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency didn’t accurately describe their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able work with medical experts to provide additional evidence of your situation. For example an expert in medicine might be able prove that the pain you are experiencing is related to your service-connected injury and is causing impairment. They may also be able assist you in obtaining the medical records needed to support your claim.

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