Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash which killed dozens has been awarded a significant victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.
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 affected their health, homes or work and education. He wants the VA to reimburse him for benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National
veterans disability lawyers 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 percent higher for black veterans than it was for white veterans.
Discrimination against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black veterans in adisproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories with each application and re-application to receive benefits, the suit claims.
The lawsuit seeks financial compensation and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them require honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but his discharge was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied services at the rate of significantly more than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you can. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.
A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit new and additional evidence should it be required. A lawyer will also know the challenges of dealing with the VA and could lead to a greater level of empathy for your situation. This could be a valuable asset in your appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly classified their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert might be able prove that the pain you experience is a result of your service-related injury and is causing impairment. They may also be able help you obtain the medical records needed to support your claim.