Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed a number of people has won a major victory. But 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 in denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He is requesting that the VA pay him back the benefits that it has denied him, and to alter their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National veterans disability attorneys Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive 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 due to PTSD

The veterans disability attorneys Affairs Department systematically denies disability benefits to Black veterans disability attorney; click home page,, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation, and wants the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by family members and creditors, except for alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but the discharge he received was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at an amount that was significantly higher than his white peers. This discrimination against blacks was widespread and pervasive, 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. The lawsuit claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you are able. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal is in line with all requirements and it is heard in a fair manner.

A qualified lawyer can examine the evidence that was used to back your claim and provide new and additional evidence in the event of need. A lawyer who knows the VA's challenges can be more sympathetic to your situation. This could be a great asset in your appeals process.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you need. An experienced attorney will be able to work with medical professionals to provide additional proof of your situation. A medical professional is one example. They may be able prove that your pain is due to your service-related injury and is in a way limiting. They may also be able help you get the medical records required to support your claim.