Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
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Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. 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 issues related to a deadly aircraft carrier crash has won a major victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.
Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. Monk wants the VA to compensate him for benefits that it has taken him out of, and to modify its policies on race discharge status, 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 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 appeal for disability than white veterans between 2001 to 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 Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories with each application and re-application, the suit says.
The lawsuit seeks monetary damages and also to orally order the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt 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
Those who served in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.
Conley Monk accepted a call 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 issued a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied at an amount that was significantly higher than his white peers. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not confront decades-old 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 claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.
A qualified lawyer can examine the evidence used to justify your claim and present additional evidence in the event of need. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstances. This can be a significant asset in your appeals.
A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. An experienced attorney will be able to work with medical professionals to provide additional evidence of your medical condition. For instance medical experts may be able to show that the pain you are experiencing is due to your service-related injury and is causing impairment. They may also be able help you get the medical records required to prove your claim.