Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit disabled veterans to make money often rely on their benefits. This is why you need an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents 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, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. Monk wants the VA to reimburse him for benefits he was deprived of and to amend its policies on race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black
veterans disability was 6.3 percent higher than white veterans.
PTSD Discrimination
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims made by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He eventually got into 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" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.
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. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most popular myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation against claims from family members and creditors in the case of child support and alimony.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate 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. The lawsuit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like him.
Appeals
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 important to appeal a decision as fast as you are able. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.
A lawyer who is qualified is able to examine the evidence used to back your claim and provide additional evidence and documentation when needed. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for the situation. This can be a valuable benefit to your appeals.
One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly characterized their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your medical condition. For instance an expert in medical practice may be able to show that the pain you experience is a result of your service-related injury and is disabling. They might also be able to help you obtain the medical records that are needed to support your claim.