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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 from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed a number of people has won a major victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday 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 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the VA to reimburse him for benefits it has denied him and to change 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 information through 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 an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans disability law firm disproportionately.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most painful memories with each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and wants the court decide to require the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

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 impact on divorce financial issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, logged 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 because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous road.

He was denied at the rate of significantly more than his white peers. The discrimination was racial and widespread, 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. It asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

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 considering appealing an agency decision, it's crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and, if necessary, submit new and additional proof. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This can be an important benefit to your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to claim the benefits you need. An experienced attorney will be able work with medical professionals to provide additional proof of your medical condition. For example medical experts might be able prove that the pain you are experiencing is related to your service-connected injury and is causing you to be disabled. They might be able assist you in getting the medical records you require to support your claim.