Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a substantial cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than 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 retired psychiatrist, says that discrimination by VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He would like the VA to reimburse him for benefits they have denied him and to change their policies on race, discharge status, and denial rates.
In the past year, Monk and the
veterans disability lawsuit Legal Services Clinic obtained 20 years of VA disability compensation claim information 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 showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black
veterans disability lawsuit.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court require the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of 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 myths is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members, except for alimony and child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but was discharged that was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied services at the rate of significantly more than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing the decision, it is crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.
A qualified lawyer can review the evidence that supports your claim and, should it be necessary, present additional evidence. A lawyer who understands the VA's issues can be more understanding of your circumstance. This can be an invaluable advantage during your appeals procedure.
A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. For instance an expert in medicine might be able demonstrate that the pain you suffer is a result of your service-related injury and that it is disabling. They might be able assist you in getting the medical evidence you need to support your claim.