Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from veterans with disabilities to make money frequently use their benefits. You need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won a major victory. But it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly 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 higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. Monk wants the VA to repay him for the benefits it has deprived him of, and to modify its policies regarding race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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 as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most painful memories with each application and re-application to receive benefits, the suit states.
The lawsuit is seeking monetary damages and seeks to have the court order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that
veterans disability lawyer may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments against claims from creditors and family members in the case of alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but his discharge was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied access at the rate of significantly more than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is important to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.
A licensed lawyer can examine the evidence that supports your claim, and when necessary, submit new and additional proof. A lawyer also knows the difficulties of dealing with the VA and could result in a greater degree of empathy for the situation. This could be a valuable advantage in the appeals process.
One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not properly described their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A reputable lawyer will also be able of working with medical specialists to provide additional proof of your situation. For instance medical experts might be able prove that the pain you feel is due to your service-related injury and that it is causing you to be disabled. They could be able to assist you in getting the medical records required to support your claim.