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 to make a profit. You need an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has a huge victory. But it comes at a price.
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 is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as 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 in the past three decades.
Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He would like the VA to compensate him for the benefits that it has denied him and to amend their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information 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, and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination in PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. This “bad paper” prevented him from receiving home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories through each application and re-application for benefits the suit says.
The lawsuit seeks financial damages and asks the court to require the VA to examine the systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women’s Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or those who accompany them require honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can garnish veterans’ VA compensation to pay for child support and alimony. This isn’t the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans’ payment 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-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but later was discharged that was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in 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 alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans disability attorney. It seeks justice for Monk and other veterans like Monk.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you’re considering appealing the decision, it is important to appeal as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an impartial hearing.
A qualified lawyer can review the evidence used to support your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who is knowledgeable about the VA’s challenges can be more understanding of your circumstances. This could be a valuable asset in your appeals process.
A veteran’s claim for disability is usually denied due to the agency did not accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury and that it is disabling. They might also be able to help you get the medical records needed to support your claim.
