veterans disability Lawsuits (
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A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a significant 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 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. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the last 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 suffer in ways that have impacted their health, home or work and education. Monk wants the VA to reimburse him for benefits that it has denied him, and to alter their policies regarding 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, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.
The lawsuit seeks financial compensation and also asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who are their companions deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors including child support and alimony.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then he received a discharge that was less than honorable because he was battling two times because of a post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long, winding path.
He was denied benefits at a greater rate than his white counterparts. 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 address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you are considering appealing a decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A licensed lawyer can examine the evidence that supports your claim and, if necessary, submit new and additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This can be a significant benefit to your appeals.
One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly defined their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional could, for instance, be able prove that your pain is a result of your service-related injury and that it is disabled. They might also be able to assist you obtain the medical records required to support your claim.