Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you require an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. However, it comes with a huge price tag.
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, according to a lawsuit filed on 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 higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, and other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the agency to pay him back for benefits he was deprived of and to alter its policies on race discharge status, discharge status and denial rates.
In the past year, Monk and the
veterans disability lawyer Legal Services Clinic obtained 20 years of VA disability compensation claim data through 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 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 against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit claims.
The lawsuit seeks financial compensation, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform and those who accompany them deserve truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but then the discharge he received was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long, winding route.
He was denied benefits at a higher rate 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, this racial discrimination was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who is familiar with the VA's issues can be more sympathetic to your situation. This could be a great benefit in your appeals.
A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A reputable lawyer will also be able to work with medical professionals to provide additional evidence of your health condition. For example medical experts might be able demonstrate that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may also be able to help you get the medical records that are required to support your claim.