Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money often rely on their benefits. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. However, it comes with a huge price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a 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. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, 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 affected their health, home work, education and employment. He wants the VA to reimburse him for the benefits it has denied him, and to alter their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information 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 data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than 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 is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans in adisproportionate way.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. That “bad paper” kept him from obtaining the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits 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 the most painful memories with every application for benefits.
The lawsuit seeks financial damages and seeks the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women’s Action Network to demand the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who have served our nation in uniform and those who accompany them need honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the most common misconceptions is that courts in the state can garnish 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 shield the veterans’ compensation from claims made by creditors and family members with the exception of alimony and child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding path.
He was denied benefits at a much more frequent rate than his white counterparts. The discrimination was racial and pervasive, according to 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. The lawsuit claims that the VA did not know about and failed to address decades of discrimination against Black veterans disability lawyers. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you’re considering appealing the decision, it is important to appeal in the earliest time possible. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and that it is heard in a fair manner.
A competent lawyer will review the evidence used to prove your claim and, if necessary, submit additional evidence. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstances. This could be a great benefit in your appeals process.
A veteran’s claim for disability is often denied because the agency didn’t accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert, for example, may be able prove that your pain is due to your service-related injury, and is debilitating. They may also be able help you obtain the medical records required to support your claim.