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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 was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to reimburse him for the benefits it has denied him and to change their policies on 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability lawyers Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk decided to join 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 later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm from reliving the most traumatic memories each time he applied and re-application for benefits the suit says.

The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them need honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims by creditors and family members in the case of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and difficult road.

He was denied at an rate that was much higher than his white peers. According to the lawsuit filed 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 alleges that the VA was aware of and failed to address decades of 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 claimant disagrees with a decision the agency has made. It is important to appeal a decision as fast as you are able. An experienced lawyer in veteran disability appeals can help ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A licensed lawyer is able to examine the evidence used to justify your claim and present additional evidence, when needed. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This can be an invaluable asset in your appeals process.

One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't properly defined their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to consult with medical professionals to provide additional proof of your situation. For example an expert in medical practice might be able prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They may also be able assist you in getting the medical evidence you need to support your claim.