Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuitsveterans disability attorney with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is why you should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.
Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He wants the agency to repay him for the benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored 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 which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. 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 stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatic memories each time he applied and re-application for benefits the suit states.
The lawsuit seeks financial damages and wants the court orally order the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by family members and creditors including alimony and child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then he received a discharge that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. The fight to get the VA to approve his claim for disability compensation was a long and arduous road.
He was denied access at an rate that was much higher than white people. According to the lawsuit filed on 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. The lawsuit claims that the VA was aware of and failed to deal with decades of 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. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.
A lawyer with experience can look over the evidence used to support your claim and, if needed, provide additional and more convincing evidence. A lawyer also knows the difficulties of dealing with the VA and could increase the level of empathy for your circumstance. This could be a great asset in your appeals process.
One of the most common reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly defined their condition. An experienced attorney can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able demonstrate that the pain you feel is related to your service-connected injury and that it is causing you to be disabled. They might also be able to assist you get the medical records that are needed to support your claim.
