Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you need an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that killed dozens of people has been awarded a significant victory. But it comes at cost.
Class Action Settlement
The Department of
veterans disability lawyers Affairs has repeatedly discriminated against Black veterans by refusing 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. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He is requesting that the VA reimburse him for benefits it has not provided him, and to modify their policies on race, discharge status, and 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 filed 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 receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for
Veterans Disability Lawsuits veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.
He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional damage from having to relive some of his most painful memories with 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. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied at an rate that was much higher than white people. This racial discrimination was systemic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.
A lawyer with experience can look over the evidence to support your claim and, if needed, provide new and additional proof. The lawyer will also understand the difficulties involved in dealing with the VA and can result in a greater degree of empathy for the situation. This can be a valuable benefit in your appeals.
One of the primary reasons a veteran's disability claim can be denied is because the agency has not properly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will be able work with medical experts to provide additional evidence of your condition. A medical professional is one example. They may be able to prove that your pain is caused by the injury you sustained while working and is disabled. They might be able assist you in getting the medical records you require to prove your claim.