Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often use their benefits. 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 issues related to a fatal air carrier collision has won a major victory. But it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed 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 more frequent 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 an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black
veterans disability law firms to be affected in ways that have impacted their health, home work, education and employment. He is requesting that the VA compensate him for benefits it has deprived him of and to change its policies regarding race discharge status, 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 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 be granted a disability claim than white veterans between 2001 and 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 the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatizing memories through each application and re-application for benefits, the suit says.
The lawsuit seeks monetary damages and asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans can have their VA compensation seized to pay alimony or
Veterans Disability Lawsuits child support orders in state courts. It's not true. Congress carefully crafted the law that is found in Title 38,
Veterans Disability Lawsuits U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was not honorable as the two battles he endured were because of a post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied at a rate significantly higher than his white peers. 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 discrimination was systemic and widespread. It asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as soon as you are able. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all requirements and it is heard in a fair manner.
A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence and documentation if necessary. The lawyer will also understand the difficulties of dealing with the VA, and this can increase the level of empathy for the situation. This can be a valuable advantage in your appeals.
A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your situation. A medical expert for instance, might be able prove that your pain is caused by your service-related injury, and is debilitating. They might also be able help you get the medical records required to support your claim.