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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money frequently use their benefits. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier that killed a number of people has won a major victory. But it comes with an expense.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability attorney by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on 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 much more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA compensate him for the benefits it has denied him and to change their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans disproportionately.
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. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.
The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and winding journey.
He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic 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 lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.
A competent lawyer will review the evidence used to support your claim, and if needed, provide new and additional proof. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This could be a great asset in your appeals process.
A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified lawyer will also be able to consult with medical experts to provide additional proof of your health condition. For instance medical experts may be able to show that the pain you suffer is related to your service-connected injury and that it is causing disability. They may also be able help you obtain the medical records needed to support your claim.