Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash which killed dozens has been awarded a significant victory. But it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per documents 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 be affected in ways that have affected their health, homes as well as their education, employment and home. He is requesting that the VA pay him back the benefits it has not provided him, and to alter their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination in PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.
He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to look into the systemic PTSD bias. It is the latest effort 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 have served our nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by family members and creditors including alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but he received a discharge that was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied services at an amount that was significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans 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. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.
A lawyer with experience can look over the evidence to support your claim and, should it be necessary, present new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could increase the level of understanding for your situation. This can be a huge advantage during your appeals procedure.
One of the primary reasons a veteran's disability claim can be denied is because the agency has not properly defined their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your condition. For instance, a medical expert could be able to prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They might also be able to assist you obtain the medical records that are needed to support your claim.