Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. You need an attorney who is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. But it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability lawyer by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as 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 during the last three decades.
Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for the benefits that it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through 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 be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. The “bad paper” kept him from obtaining the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional damage from having to relive some of his most painful memories with each application and re-application for benefits, the suit claims.
The lawsuit seeks damages in the form of money and seeks the court to direct 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
Those who served in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that the state courts can take away veterans’ VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims made by family members and creditors, except for child support and alimony.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but was discharged that was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and arduous route.
He was denied benefits at a higher rate than white counterparts. 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. The lawsuit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as quickly as you are able. An experienced lawyer in appeals to veterans’ disability cases can help ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.
A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence, when needed. A lawyer who understands the VA’s challenges can be more understanding of your situation. This can be an important benefit to your appeals.
One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. An experienced attorney will be able work with medical professionals to provide additional proof of your health condition. For instance an expert in medicine could be able to prove that the pain you are experiencing is a result of your service-connected injury and that it is disabling. They might be able assist you in obtaining the medical records needed to support your claim.