Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has won an important victory. But it comes with an expense.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He wants the VA to compensate him for the benefits that it has denied him and to amend their 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 be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional damage from having to relive some of his most painful memories with each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and wants the court order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by creditors and family members in the case of child support and alimony.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than white peers. 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 racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other
veterans disability Attorney similar to him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as soon as you can. A lawyer with experience in appeals for disabled
veterans disability lawsuit can help you ensure that your appeal is compliant with all requirements and it gets a fair hearing.
A qualified lawyer can review the evidence that was used to support your claim and submit additional evidence, if necessary. The lawyer will also understand the difficulties of dealing with the VA, and this can create a higher level of understanding for your situation. This could be a great asset in your appeals process.
A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional proof of your condition. For example medical experts might be able demonstrate that the pain you suffer is related to your service-connected injury and is causing you to be disabled. They may also be able assist you in getting the medical records you require to support your claim.