Veterans Disability Attorney: The Ugly Truth About Veterans Disability Attorney

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A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier 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 Monday in the United States, 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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims 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, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA compensate him for benefits it has deprived him of and to alter its policies regarding 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his 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 require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, Veterans Disability Lawsuits to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding journey.

He was denied services at an rate that was much higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firms Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and failed to take action to end 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 claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an impartial hearing.

A lawyer with experience can look over the evidence used to support your claim and, if necessary, submit new and additional proof. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstances. This can be a huge advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your health condition. For instance, a medical expert might be able prove that the pain you are experiencing is due to your service-related injury and that it is causing you to be disabled. They might also be able to assist you obtain the medical records needed to support your claim.