Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is the reason you need an attorney that is certified to deal with 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. However, it comes at a price.
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, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA compensate him for the benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.
Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application 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 basing it 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 as well as education benefits, among others despite suffering from undiagnosed 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 bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories through each application and re-application, the suit says.
The lawsuit seeks damages in the form of money and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who accompany them deserve honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members with the exception of child support and alimony.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white counterparts. According to the lawsuit filed in his behalf by the National
veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as fast as you are able. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and it receives a fair hearing.
A competent lawyer will review the evidence to support your claim and, should it be necessary, present new and additional evidence. A lawyer will also know the difficulties of dealing with the VA, and this can increase the level of empathy for your situation. This can be a valuable benefit to your appeals.
One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your health condition. A medical expert, for example, may be able to prove that your pain is due to your service-related injury, and is disabling. They may assist you obtain the medical records required to prove your claim.