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veterans disability attorney 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 stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched a major victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. 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 documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He would like the VA to reimburse him for the benefits it has denied him, and to alter their policies on race and discharge status as well as 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine the the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but then the discharge he received was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at a more frequent rate than his 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 and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans disability law firm.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing a decision, it is crucial to file an appeal immediately. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, if needed, provide new and additional evidence. A lawyer also knows the challenges of dealing with the VA, and this can increase the level of understanding for your situation. This can be a significant benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified attorney will be able to work with medical experts to provide additional proof of your health condition. A medical expert is one example. They may be able to demonstrate that your pain is a result of your service-related injury and is disabled. They might also be able to assist you obtain the medical records required to prove your claim.