Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability
LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. You should hire an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has won a significant victory. But it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School
veterans disability lawyers Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to repay him for the benefits that it has taken him out of, and to modify 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 data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional damage from having to relive the most traumatic memories through each application and re-application, the suit says.
The lawsuit is seeking monetary damages and seeks to have the court require the VA to review systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who are their companions deserve honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied access at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to Monk.
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. If you're considering appealing the decision, it is important to appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.
A licensed lawyer can review the evidence used to support your claim and submit additional evidence and documentation in the event of need. A lawyer will also know the challenges of dealing with the VA and this could increase the level of empathy for the situation. This could be a great advantage in the appeals process.
A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will be able to work with medical professionals to provide additional evidence of your situation. For instance, a medical expert might be able demonstrate that the pain you experience is related to your service-connected injury and is disabling. They may be able to assist you in obtaining the medical records needed to support your claim.