Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits to make a profit. This is why you require an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash which killed dozens has won a major victory. However, it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives as well as their employment and education. Monk wants the VA to compensate him for the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white
veterans disability Lawsuit between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.
He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on every application for benefits.
The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served in the military, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by family members and creditors with the exception of alimony and child support.
Conley Monk, a devoted 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 acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long, winding road.
He was denied access at a rate significantly higher 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. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you are able. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.
A competent lawyer will review the evidence to support your claim and, when necessary, submit additional and more convincing evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstance. This can be a significant asset in your appeals.
A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. An experienced attorney can 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 work with medical professionals to provide additional proof of your situation. For example, a medical expert could be able to prove that the pain you suffer is a result of your service-connected injury and is causing disability. They might also be able to assist you get the medical records that are required to prove your claim.
