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. This is why you require an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has clinched a major victory. However, it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He demands that the agency pay him back for benefits it has deprived him of, and to modify its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination due to PTSD
The
veterans disability law firms Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically denied claims from Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.
The lawsuit seeks financial damages and seeks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors in the case of alimony or child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and difficult road.
He was denied services at the rate of significantly more than his white peers. The discrimination was racial and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an appropriate hearing.
A lawyer with experience can look over the evidence used to support your claim, and should it be necessary, present new and additional evidence. The lawyer will also understand the difficulties of dealing with the VA and can create a higher level of empathy for your situation. This could be a great benefit to your appeals.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional evidence of your health condition. For example medical experts may be able to show that the pain you experience is a result of your service-related injury and that it is causing you to be disabled. They may also be able assist you in getting the medical evidence you need to support your claim.