Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money frequently use their benefits. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed dozens of people has won a significant victory. However, it comes at a price.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that 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 documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.
Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He wants the VA to compensate him for the benefits that it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.
He sued the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional harm by reliving his most painful experiences on every application for benefits.
The lawsuit seeks monetary damages and seeks to have the court order the VA to look into systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims by creditors and family members including alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding journey.
He was denied benefits at a much greater rate than his white peers. According to the lawsuit filed in his behalf by the National
veterans disability lawyers Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks 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 similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing a decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.
A lawyer who is qualified will be able to review the evidence used to justify your claim and present additional evidence when needed. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstances. This could be a great advantage during your appeals procedure.
A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will also be able work with medical experts to provide additional evidence of your situation. A medical expert, for example, may be able show that the pain you are experiencing is due to the injury you sustained while working and is debilitating. They might assist you obtain the medical records needed to support your claim.