Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability
LawsuitsAttorneys who profit from disabled veterans to earn money often rely on their benefits. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier collision has won an important victory. However, it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He demands that the agency reimburse him for benefits he was deprived of and to change its policies regarding race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination basing it 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 housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a 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 trauma from reliving some of his most painful memories each time he applied and re-application for benefits, the suit states.
The lawsuit seeks damages in the form of money, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect
veterans disability law firms' payments from the claims of creditors and family members in the case of alimony or child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and arduous road.
He was denied services at a rate significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is crucial to appeal a decision as fast as you can. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and that it receives a fair hearing.
A licensed lawyer can review the evidence used to justify your claim and present additional evidence, when needed. A lawyer will also know the challenges of dealing with the VA and can increase the level of empathy for your circumstance. This could be a valuable asset in your appeals process.
A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your condition. A medical professional, for example, may be able show that your pain is due to the injury you sustained while working and is disabling. They might assist you obtain the medical records required to support your claim.