Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make profits often make use of their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed dozens of people has won a major victory. But it comes with cost.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He wants the VA to reimburse him for benefits it has denied him and to change their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination due to PTSD
The
veterans disability law firms Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honorable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to overturn 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 emotional trauma from reliving the most traumatic memories with each application and re-application, the suit claims.
The lawsuit seeks financial damages and seeks to have the court orally order the VA to examine the systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or who accompanied 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 common myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by family members and creditors with the exception of alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied benefits at a higher rate than white counterparts. The discrimination was racial and pervasive, according to the lawsuit brought on his behalf 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 justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing the decision, it is essential to do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.
A licensed lawyer can examine the evidence to support your claim, and if needed, provide new and additional proof. A lawyer will also know the challenges of dealing with the VA and can lead to a greater level of empathy for your situation. This can be an invaluable advantage in the appeals process.
One of the main reasons a veteran's disability claim can be denied is because the agency has not properly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your situation. A medical expert for instance, might be able show that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might be able assist you in getting the medical records required to support your claim.