Write About Everything

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You should hire an attorney who is licensed to manage VA claims.

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 a major victory. But it comes with cost.

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 that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to reimburse him for benefits it has not provided him, and to alter their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans disproportionately.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. The “bad paper” prevented him from getting the home loan, tuition assistance and other benefits.

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

The lawsuit seeks financial damages, and wants the court’s order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans’ VA compensation to pay for child support and alimony. It is not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans’ payments from the claims of creditors and family members other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and difficult road.

He was denied services at a rate significantly higher than his white peers. According to the lawsuit filed on 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. It asserts that the VA was aware of but did not confront decades-old discrimination against 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. If you’re thinking of appealing a decision, it is crucial to file an appeal immediately. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is in line with all the requirements and it is heard in a fair manner.

A lawyer with experience can look over the evidence to support your claim, and should it be necessary, present new and additional proof. The lawyer will also understand the challenges involved in dealing with the VA and this could result in a greater degree of understanding for your situation. This can be a valuable asset in your appeals.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn’t correctly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your situation. For example, a medical expert might be able demonstrate that the pain you experience is a result of your service-connected injury and that it is causing impairment. They might be able assist you in getting the medical records required to prove your claim.