Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability
LawsuitsVeterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier collision has won an important victory. However, it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, a retired psychiatrist, says that discrimination by VA has caused 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 demands that the agency repay him for the benefits it has deprived him of and to amend its policies regarding race as well as 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. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination due to PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.
He sued the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatic memories in each application and re-application for benefits the suit says.
The lawsuit seeks damages in the form of money and also asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Veterans who have served our nation in uniform and those who accompany them require honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult journey.
He was denied services at a rate significantly higher than white people. The discrimination was racial and widespread, as per 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. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black
veterans disability lawsuit. It seeks justice for Monk and other veterans.
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. It is crucial to appeal a decision as fast as you are able. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal meets all requirements and it is heard in a fair manner.
A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit new and additional evidence if necessary. A lawyer who knows the VA's challenges can be more sympathetic to your situation. This can be an invaluable advantage during your appeals procedure.
One of the primary reasons a veteran's disability claim can be denied is because the agency has not properly classified their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified lawyer will also be able of working with medical professionals to provide additional proof of your medical condition. A medical professional could, for instance, be able to prove that your pain is a result of your service-related injury, and is disabling. They might also be able to help you get the medical records required to prove your claim.