Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you should hire an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won an important victory. But it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying 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. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits it has denied him, and to modify their policies regarding race, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims made by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered emotional damage from having to relive some of his most traumatizing memories in each application and re-application, the suit says.
The lawsuit seeks financial damages and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or were a part of 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 biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of
veterans disability lawsuit from claims brought by family members and creditors, except for alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and winding journey.
He was denied access at an rate that was much 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 racial discrimination was systemic and widespread. The lawsuit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is essential to do so immediately. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal meets all the requirements and that it receives a fair hearing.
A qualified lawyer can review the evidence that supports your claim and, when necessary, submit new and additional proof. The lawyer will also understand the challenges involved in dealing with the VA and can result in a greater degree of understanding for your situation. This could be a great advantage in the appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly classified their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able to work with medical professionals to provide additional proof of your situation. A medical professional could, for instance, be able prove that your pain is due to your service-related injury, and is debilitating. They might also be able to assist you get the medical records that are needed to support your claim.