Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. This is why you need an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has won a major victory. However, it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who 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 work, education and employment. Monk wants the VA to pay him back for benefits that it has taken him out of and to alter its policies regarding race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed 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 an application for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% 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 Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims from Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks financial compensation and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort 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 victims of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members 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 troops and equipment out of combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. It is crucial to appeal a decision as soon as you can. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal complies with all the requirements and it gets a fair hearing.
A qualified lawyer can examine the evidence used to support your claim and submit additional evidence and documentation should it be required. The lawyer will also be aware of the difficulties of dealing with the VA and this could increase the level of empathy for your situation. This can be a huge advantage in the appeals process.
One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly classified their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you the benefits you deserve. A reputable lawyer will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical professional could, for instance, be able to prove that your pain is a result of the injury you sustained while working and is debilitating. They may also be able to assist you get the medical records required to support your claim.