Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to make money often rely on their benefits. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash which killed dozens has a huge victory. But it comes with a huge price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white
veterans disability attorney, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He would like the VA to pay him back the benefits they have denied him and to change their policies regarding race and discharge status as well as 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, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories with each application and re-application for benefits the suit states.
The lawsuit is seeking monetary damages and also to orally order the VA to examine the the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by creditors and family members including alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and difficult road.
He was denied benefits at a higher rate than white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed 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 failed to deal with 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 disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you are able. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.
A licensed lawyer can examine the evidence used to prove your claim and, if needed, provide additional and more convincing evidence. A lawyer also knows the difficulties involved in dealing with the VA and this could result in a greater degree of empathy for your circumstance. This can be an invaluable benefit in your appeals process.
A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional proof of your health condition. For example an expert in medical practice could be able to prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may also be able assist you in getting the medical records you require to prove your claim.