Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying 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 and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for the benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.
Last 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. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatic memories in each application and re-application for benefits the suit says.
The lawsuit is seeking monetary damages and wants the court orally order the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. 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 the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members except for alimony or child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white peers. This discrimination against Blacks was systematic and widespread, 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 alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.
A qualified lawyer can review the evidence that was used to prove your claim and then submit additional evidence, should it be required. A lawyer will also know the difficulties of dealing with the VA and can increase the level of empathy for the situation. This can be a huge asset in your appeals process.
A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your medical condition. For instance, a medical expert might be able demonstrate that the pain you are experiencing is related to your service-connected injury and that it is causing impairment. They might be able assist you in getting the medical evidence you need to support your claim.