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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 stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black Veterans Disability Lawsuit in denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA pay him back the benefits they have denied him, and to modify their policies regarding race, discharge status, and 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 filed 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 a claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% 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 is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still has to pay him for his past denials of disability compensation. He also suffered emotional harm from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial damages and wants the court orally order the VA to examine the the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them require truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims by creditors and family members including alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf by the National veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing an agency decision, it's essential to do so immediately. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal meets all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence to support your claim and, if necessary, submit new and additional proof. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will be able to work with medical experts to provide additional evidence of your situation. For example an expert in medical practice may be able to show that the pain you feel is related to your service-connected injury and is disabling. They may also be able to assist you obtain the medical records needed to support your claim.