Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money often rely on their benefits. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier collision has won an important victory. But it comes with a price.
Class Action Settlement
The Department of Veterans Affairs has consistently 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 alleges that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by 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 is requesting that the VA pay him back for benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by 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 troops and equipment into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks damages in the form of money and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that
veterans disability attorney can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims made by family members and creditors with the exception of child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult road.
He was denied at the rate of significantly more than white people. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. If you are considering appealing an agency decision, it's important that you do so in the earliest time possible. An experienced lawyer in veteran disability appeals can help you ensure that your appeal complies with all requirements and it gets a fair hearing.
A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit new and additional evidence in the event of need. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This could be a valuable asset in your appeals process.
A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able to prove that your pain is due to your service-related injury and that it is disabled. They might also be able to help you obtain the medical records that are required to support your claim.