Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. You require an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has won a major victory. But it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.
Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He is requesting that the VA reimburse him for benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.
Monk and the
veterans disability law firm Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought 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 provides evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most painful memories with each application and re-application, the suit states.
The lawsuit seeks monetary damages, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who accompany them require truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation seized 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' payments from the claims of creditors and family members with the exception of alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He received several medals for his service, but was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and winding road.
He was denied at a rate significantly higher than white people. 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 Disability Lawsuit Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets a fair hearing.
A lawyer with experience can look over the evidence to support your claim and, when necessary, submit new and additional evidence. A lawyer also knows the challenges involved in dealing with the VA and this could create a higher level of empathy for your circumstance. This could be a great advantage in the appeals process.
A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. For instance medical experts may be able to show that the pain you feel is a result of your service-connected injury and that it is causing disability. They could be able to assist you in getting the medical records required to support your claim.