Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities to make money often use their benefits. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash that claimed the lives of dozens has a huge victory. However, it comes with a hefty cost.
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 a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He wants the agency to pay him back for benefits that it has taken him out of and to amend its policies on race discharge status, discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white
veterans disability lawsuit.
Discrimination based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.
The lawsuit seeks financial damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform and those who accompany them require honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members including alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but then his discharge was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied benefits at a rate significantly 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. It claims that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you can. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal is in line with all requirements and it receives a fair hearing.
A lawyer with experience can look over the evidence to support your claim, and should it be necessary, present additional evidence. A lawyer also knows the challenges involved in dealing with the VA and could result in a greater degree of empathy for the situation. This could be a great benefit to your appeals.
One of the most common reasons a veteran's disability claim is denied is because the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your condition. For instance medical experts might be able prove that the pain you experience is a result of your service-connected injury and that it is causing you to be disabled. They might be able assist you in getting the medical records you require to prove your claim.