Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money often rely on their benefits. This is why you should hire 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 conditions linked to a deadly aircraft carrier crash has won an important victory. But it comes with a significant cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much 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 psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to reimburse him for the benefits it has not provided him and to change their policies on race, 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. The results showed that Black veterans were statistically less likely to be granted a disability claim than white
veterans disability law firms between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks monetary damages and seeks to have the court orally order the VA to review systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.
Conley Monk, who was a 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 was awarded numerous medals, but then his discharge was not honorable as the two battles he endured were because of a post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding road.
He was denied at an rate that was much higher than white people. According to the lawsuit brought 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. It 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 him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. It is crucial to appeal a decision as quickly as you are able. An experienced lawyer in veteran disability appeals can help ensure that your appeal meets all requirements and it gets a fair hearing.
A licensed lawyer can examine the evidence used to justify your claim and present additional evidence and documentation when needed. A lawyer also knows the difficulties involved in dealing with the VA and could lead to a greater level of empathy for the situation. This can be a valuable asset in your appeals.
One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly characterized their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional evidence of your situation. For instance an expert in medicine could be able to prove that the pain you suffer is related to your service-connected injury and that it is causing disability. They might assist you obtain the medical records required to support your claim.