Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. This is why you require an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a major victory. But it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate 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. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back the benefits it has denied him, and to modify their policies regarding race and discharge status as well as 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white
veterans disability attorneys.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He ended up in 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" kept him from receiving loans for homes, tuition aid and other benefits.
He sued the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks financial damages and wants the court order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common myths is that veterans can get their VA compensation garnished 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 safeguard the payment of veterans from claims by creditors and family members in the case of alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and difficult path.
He was denied benefits at a higher rate than white counterparts. 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. It asserts that the VA was aware of and did not combat 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 disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.
A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. The lawyer will also understand the challenges of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This could be a valuable advantage in the appeals process.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. An experienced attorney will be able to work with medical professionals to provide additional evidence of your condition. For instance medical experts might be able demonstrate that the pain you experience is due to your service-related injury and that it is causing disability. They might be able assist you in getting the medical records you require to support your claim.