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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 post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash which killed dozens has a huge victory. But it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over 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, homes work, education and employment. He is requesting that the VA compensate him for the benefits they have denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a 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 suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as fast as you can. An experienced lawyer in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and ensure that it receives a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and should it be necessary, Veterans disability lawsuits present new and additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This could be a great benefit to your appeals.

One of the main reasons a veteran's disability claim can be denied is because the agency has not properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you feel is a result of your service-related injury and is disabling. They may also be able assist you in getting the medical records you require to support your claim.