Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. You should hire an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won an important victory. But it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old 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 nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life as well as their employment and education. He would like the VA to reimburse him for benefits that it has denied him and to amend their policies regarding race, discharge status, and denial rates.
Last year, Monk and the
veterans disability lawsuit 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 disability law firms Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit states.
The lawsuit seeks financial compensation and asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform, or who accompany them require honest answers about veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by family members and creditors in the case of alimony and child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and arduous path.
He was denied access at an amount that was significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing a decision, it is essential to do so immediately. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and that it gets a fair hearing.
A lawyer who is qualified will be able to review the evidence that was used to support your claim and submit additional evidence if necessary. A lawyer will also know the difficulties of dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a huge advantage during your appeals procedure.
One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly characterized their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to get the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your condition. A medical professional is one example. They may be able prove that your pain is caused by your service-related injury and is disabling. They may assist you get the medical records that are needed to support your claim.