Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won a major victory. However, it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much higher than white Veterans Disability Lawsuit (
Aragaon.Net). Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed 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 documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He is requesting that the VA compensate him for the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.
In the past 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for
veterans disability attorney of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. The suit claims that he suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks financial compensation and seeks the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who accompany them require truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by creditors and family members, except for child support and alimony.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but then his discharge was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at the rate of significantly more than his white peers. 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, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you are able. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and it gets a fair hearing.
A licensed lawyer is able to examine the evidence used to justify your claim and present additional evidence and documentation should it be required. A lawyer also knows the challenges involved in dealing with the VA and this could increase the level of empathy for the situation. This can be an important advantage in your appeals.
A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A lawyer who is qualified will be able to work with medical professionals to provide additional proof of your health condition. For instance medical experts could be able to prove that the pain you suffer is due to your service-related injury and is disabling. They may also be able to assist you obtain the medical records required to prove your claim.