Veterans Disability
Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money frequently use their benefits. This is the reason you need an attorney who is licensed 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
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater 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 discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA compensate him for the benefits that it has denied him and to change their policies on race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through 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 between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher 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 lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by family members and creditors, except for child support and alimony.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to approve his claim for disability compensation was a long, winding path.
He was denied benefits at a much higher rate than 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, this racial discrimination was systemic 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 other veterans who are like Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's important to appeal as soon as possible. A lawyer with experience in appeals for
veterans disability will help you ensure that your appeal meets all the requirements and it is heard in a fair manner.
A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence and documentation in the event of need. A lawyer also knows the challenges of dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This can be a huge asset in your appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly defined their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will also be able to consult with medical professionals to provide additional proof of your health condition. A medical expert could, for instance, be able to demonstrate that your pain is due to your service-related injury, and is disabling. They may assist you obtain the medical records required to prove your claim.