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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that 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. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to compensate him for benefits he was deprived of and to amend its policies regarding race, discharge status and denial rates.

In the past year, Monk and the coldwater veterans disability attorney Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. The “bad paper” kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatic memories in each application and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and also to require the VA to examine the the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women’s Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans’ payments from the claims of family members and creditors other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and winding road.

He was denied at an amount that was significantly higher than his white peers. 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 bias was systemic and widespread. It asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. It is important to appeal a decision as soon as you are able. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal meets all the requirements and it gets a fair hearing.

A competent lawyer will review the evidence to support your claim and, if needed, provide new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This could be a great advantage in the appeals process.

One of the primary reasons that a veteran’s claim for disability is denied is due to the agency has not correctly characterized their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your medical condition. A medical expert for instance, might be able prove that the pain you are experiencing is due to your service-related injury, and is debilitating. They might assist you obtain the medical records required to support your claim.