Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. You should hire an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a price.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly 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. According to the records 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 psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He wants the VA to reimburse him for benefits it has denied him, and to alter 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 last year, thanks to a Freedom of Information Act request which they filed 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 receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black
veterans disability law firms, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages, and wants the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt 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 survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and difficult path.
He was denied access at an amount that was significantly higher than white people. According to the lawsuit filed 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. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an equitable hearing.
A competent lawyer will review the evidence to support your claim, and if needed, provide additional and more convincing evidence. A lawyer will also know the challenges involved in dealing with the VA and can result in a greater degree of empathy for your circumstance. This could be a valuable benefit in your appeals process.
One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to work with medical experts to provide additional evidence of your health condition. For instance an expert in medical practice might be able prove that the pain you experience is due to your service-related injury and is causing impairment. They may also be able to help you get the medical records that are required to prove your claim.
