Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money often rely on their benefits. 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 conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday in the United States, 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. He claims 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 Legal Services Clinic.
Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black
veterans disability attorney to suffer in ways that have impacted their health, home work, education and employment. He is requesting that the VA pay him back for benefits that it has taken him out of and to alter its policies regarding race discharge status, discharge status and 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He eventually got into 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. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a full 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 damage from having to relive some of his most traumatizing memories each time he applied and re-application for benefits the suit says.
The lawsuit seeks financial damages and also to order the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding route.
He was denied benefits at a higher rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according 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 lawsuit claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. If you are considering appealing an appeal, it's important that you do so as soon as possible. A lawyer with experience in veteran disability appeals can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.
A licensed lawyer can examine the evidence that supports your claim, and should it be necessary, present new and additional proof. A lawyer will also know the difficulties of dealing with the VA and can create a higher level of empathy for the situation. This can be an invaluable advantage in the appeals process.
One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. An experienced attorney will be able to work with medical experts to provide additional evidence of your condition. For example, a medical expert might be able demonstrate that the pain you are experiencing is a result of your service-connected injury and is causing impairment. They may also be able to help you obtain the medical records that are needed to support your claim.