Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. You should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has won a significant victory. However, it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly 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. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.
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 affected their health, home or work and education. He is requesting that the VA pay him back for benefits it has deprived him of and to change its policies regarding race discharge status, 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 via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
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. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. This “bad paper” did not allow him to get aid for tuition, home loans and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.
The lawsuit seeks financial damages, and wants the court to require the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women’s Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans disability law firms who have served our nation in uniform and those who accompany them deserve honest answers about the benefits for veterans disability attorneys and their impact on financial issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans’ VA compensation to pay for alimony and child support. It’s not true. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans’ compensation from claims of family members and creditors other than alimony and child support.
Conley Monk, who was a volunteer for his country, served 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, but he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied access at a rate significantly higher than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA’s Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal meets all the requirements and it gets a fair hearing.
A licensed lawyer can examine the evidence used to support your claim and, when necessary, submit new and additional proof. The lawyer will also understand the difficulties involved in dealing with the VA and could lead to a greater level of empathy for your situation. This can be an invaluable advantage in the appeals process.
One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to get the benefits you’re entitled to. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your situation. A medical professional could, for instance, be able show that your pain is due to your service-related injury, and is in a way limiting. They may also be able to assist you get the medical records that are required to support your claim.