veterans disability lawsuits (
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Veterans Disability LawsuitsAttorneys who exploit veterans with disabilities to make money frequently use their benefits. This is why you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won a major victory. But it comes at an expense.
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 in a manner that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.
Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the VA to pay him back the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the 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 having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving the most painful memories with every application for benefits.
The lawsuit seeks monetary damages and asks the court to order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money 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 veterans' payment from claims made by family members and creditors, except for child support and alimony.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but the discharge he received was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and arduous road.
He was denied services at the rate of significantly more 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.
A licensed lawyer can review the evidence used to justify your claim and present new and additional evidence if necessary. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstances. This can be an invaluable advantage in the appeals process.
One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly defined their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. For instance medical experts might be able demonstrate that the pain you feel is due to your service-related injury and that it is disabling. They might also be able to help you get the medical records that are required to prove your claim.