Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently victimized by lawyers who use their benefits as a cash cow. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes with a price.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old 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 more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. Monk wants the VA to compensate him for benefits he has been deprived of and to alter its policies on race, discharge status and denial rates.
Monk and the
veterans disability attorney Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional trauma from reliving some of his most painful memories in each application and re-application to receive benefits, the suit says.
The lawsuit seeks financial damages and asks the court to orally order the VA to look into systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from creditors and family members in the case of child support and alimony.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and winding road.
He was denied at an rate that was much higher than his white peers. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. If you're considering appealing a decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.
A competent lawyer will review the evidence used to support your claim, and should it be necessary, present additional evidence. A lawyer will also know the challenges involved in dealing with the VA, and this can increase the level of empathy for the situation. This could be a great asset in your appeals.
One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't correctly classified their condition. A qualified attorney can make sure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your condition. A medical expert, for example, may be able show that your pain is due to your service-related injury and that it is disabled. They may also be able assist you in getting the medical records required to support your claim.