Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with cost.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School
veterans disability lawsuit Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to compensate him for the benefits they have denied him and to amend their policies regarding race and discharge status as well as denial rates.
In the past 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black
veterans disability law firms were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.
PTSD Discrimination
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 cites evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. He 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 filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages and also to decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding route.
He was denied benefits at an amount that was significantly 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, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
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. If you're considering appealing a decision, it is essential to do so immediately. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal complies with all requirements and ensure that it receives a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit additional evidence, in the event of need. The lawyer will also understand the challenges involved in dealing with the VA and can result in a greater degree of empathy for your circumstance. This could be a great advantage in the appeals process.
One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not correctly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may be able to assist you in obtaining the medical records needed to prove your claim.