Veterans Disability Lawsuits (
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Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is why you require an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has won a significant victory. But it comes with an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School
veterans disability law firm Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for the benefits that it has denied him and to amend their policies regarding 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 that they made on behalf of 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 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
PTSD Discrimination
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He sued the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages and asks the court to require the VA to review systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors with the exception of alimony and child support.
Conley Monk, a devoted volunteer for his country, spent 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 later was discharged that was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than his white counterparts. 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 bias was systemic and widespread. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. If you are considering appealing an agency decision, it's important to appeal immediately. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal meets all requirements and ensure that it is heard in a fair manner.
A lawyer with experience can look over the evidence used to support your claim, and should it be necessary, present new and additional proof. The lawyer will also understand the difficulties of dealing with the VA, and this can create a higher level of empathy for the situation. This can be a valuable advantage in your appeals.
A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A qualified attorney can ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. An experienced attorney will be able work with medical professionals to provide additional proof of your situation. A medical expert is one example. They may be able show that the pain you are experiencing is due to your service-related injury and is disabling. They may also be able to help you obtain the medical records that are required to support your claim.