Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. You should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with the cost of.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. 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 more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to reimburse him for benefits he has been deprived of and to change its policies regarding race, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought 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 made by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatic memories in each application and re-application to receive benefits, the suit claims.
The lawsuit seeks monetary damages and asks the court to order the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military, 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 most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors except for alimony or child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but his discharge was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get 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 discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black
veterans disability attorneys. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. If you're considering appealing a decision, it is important to appeal as soon as you can. 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 lawyer with experience can look over the evidence to support your claim and, if needed, provide new and additional evidence. A lawyer who understands the VA's challenges can be more sympathetic to your situation. This can be a significant asset in your appeals.
One of the primary reasons that a veteran's claim for disability is denied is due to the agency has not properly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will be able to consult with medical professionals to provide additional proof of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you are experiencing is due to your service-related injury and is causing impairment. They could be able to assist you in getting the medical records required to prove your claim.