Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a 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. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.
Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life, employment, and education. He wants the VA to reimburse him for benefits it has not provided him and to amend their 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 information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for
veterans disability law firm of color than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional damage from having to relive the most traumatic memories in each application and re-application for benefits, the suit claims.
The lawsuit seeks financial damages and seeks to have the court decide to require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them deserve truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims brought by creditors and family members, except for alimony and child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.
He was denied benefits at a higher rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to 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 and failed to confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstance. This can be a significant asset in your appeals.
A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. An experienced attorney will be able to work with medical experts to provide additional evidence of your condition. For example, a medical expert might be able prove that the pain you suffer is a result of your service-connected injury and that it is causing disability. They might also be able to help you obtain the medical records that are required to prove your claim.