Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities to make money often rely on their benefits. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has won a major victory. But it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing 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. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He is requesting that the VA compensate him for the benefits it has denied him and to amend their policies on 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 information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorneys Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher 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 is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This “bad paper” kept him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories in each application and re-application, the suit claims.
The lawsuit seeks financial compensation and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who were 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 veterans can have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law contained 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 decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied services at an amount that was significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. It is crucial to appeal a decision as swiftly as you can. An experienced lawyer in appeals for veterans disability can help ensure that your appeal is compliant with all the requirements and that it is heard in a fair manner.
A competent lawyer will review the evidence that supports your claim and, should it be necessary, present additional evidence. A lawyer who is familiar with the VA’s challenges can be more sympathetic to your circumstance. This can be a significant benefit to your appeals.
One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn’t correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your health condition. For example medical experts might be able prove that the pain you suffer is a result of your service-connected injury and is causing you to be disabled. They may also be able to help you get the medical records that are needed to support your claim.