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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 suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, Veterans disability homes work, education and employment. He is requesting that the VA reimburse him for benefits it has not provided him and to change their policies regarding race, discharge status, Veterans Disability and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not honorable. This «bad paper» hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to rescind the discharge, and received 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 significant emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial compensation and also asks the court’s order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women’s Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. It’s not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans’ payment from claims made by family members and creditors in the case of child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to accept his claim for disability compensation was a long, winding route.

He was denied access at a rate significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firms Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as soon as you can. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence used to back your claim and provide new and additional evidence when needed. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This can be an important benefit to your appeals.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn’t properly classified their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. For instance an expert in medicine may be able to show that the pain you are experiencing is related to your service-connected injury and that it is causing disability. They might be able assist you in getting the medical records you require to prove your claim.