Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision which killed dozens has been awarded a significant victory. However, it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the
lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to compensate him for the benefits it has not provided him, and to alter their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the
veterans disability lawyer Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted 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 be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination is 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 an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance 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 has a debt for the past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each application for benefits.
The lawsuit seeks financial compensation, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members, except for alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but then the discharge he received was less than honorable because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult journey.
He was denied access at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, according to 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 did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is important that you do so as soon as possible. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is in line with all requirements and it is heard in a fair manner.
A licensed lawyer can examine the evidence used to prove your claim, and should it be necessary, present new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This could be a valuable asset in your appeals process.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional proof of your situation. For example, a medical expert may be able to show that the pain you experience is a result of your service-connected injury and is causing disability. They may also be able assist you in getting the medical evidence you need to support your claim.