Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. This is why you need an attorney that is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies 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. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of 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. Monk wants the VA to repay him for the benefits that it has taken him out 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 information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims filed by Black
veterans disability lawyer in a disproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatic memories each time he applied and re-application to receive benefits, the suit says.
The lawsuit seeks financial compensation and also asks the court to order the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them need honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but the discharge he received was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied access at the rate of significantly more 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 Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like Monk.
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 crucial to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.
A licensed lawyer will be able to review the evidence that was used to back your claim and provide additional evidence should it be required. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be an invaluable advantage during your appeals procedure.
A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to work with medical specialists to provide additional proof of your medical condition. For instance an expert in medicine might be able demonstrate that the pain you experience is due to your service-related injury and is causing you to be disabled. They may also be able assist you in obtaining the medical records needed to support your claim.