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

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A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes with a substantial 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 denying their disability claims at a rate 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. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to repay him for the benefits that it has taken him out of, and to modify its policies regarding race as well as 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 made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday, the Veterans Disability Attorney Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted 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, as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop 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. The suit claims that he also suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of 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 troops and equipment out of combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. If you're thinking of appealing a decision, it is important to appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives a fair hearing.

A licensed lawyer will be able to review the evidence that was used to justify your claim and present new and additional evidence if necessary. A lawyer who knows the VA's challenges can be more understanding of your circumstances. This could be a valuable asset in your appeals process.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your situation. A medical professional is one example. They may be able to demonstrate that your pain is caused by the injury you sustained while working and is disabled. They may be able to assist you in obtaining the medical records needed to prove your claim.