Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability
LawsuitsAttorneys who exploit disabled veterans to make money often use their benefits. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier crash that killed dozens of people has a huge victory. However, it comes with a substantial cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to pay him back for benefits he has been deprived of, and to modify its policies on race, discharge status and denial rates.
In the past 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. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white
veterans disability law firms.
Discrimination in PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most painful memories with each application and re-application to receive benefits, the suit claims.
The lawsuit seeks financial compensation and also asks the court to require the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who served in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors other than alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his work, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding path.
He was denied benefits at a much higher rate than white counterparts. 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, the discrimination against Black
veterans disability lawyers was systematic and widespread. The suit claims that the VA knew about and failed to take action to end 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 applicant is not satisfied with to a decision of the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.
A qualified lawyer will be able to review the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. The lawyer will also be aware of the challenges involved in dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a significant advantage in your appeals.
A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified lawyer will be able to work with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert could be able to prove that the pain you experience is due to your service-related injury and that it is causing you to be disabled. They may be able to assist you in getting the medical records required to prove your claim.