Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. But it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed 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. 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 much 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 retired psychiatrist, says that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white
veterans disability attorney.
Discrimination is based on PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims from Black veterans.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.
He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.
The lawsuit seeks monetary damages and seeks to have the court order the VA to examine the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by family members and creditors in the case of child support and alimony.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later he received a discharge that was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white peers. According to the lawsuit brought in his behalf by the National
veterans disability law firms Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and it receives a fair hearing.
A lawyer who is qualified can examine the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. The lawyer will also understand the challenges involved in dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be a significant advantage in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly defined their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. An experienced attorney will be able work with medical experts to provide additional evidence of your situation. For instance an expert in medicine could be able to prove that the pain you feel is a result of your service-connected injury and is causing disability. They might be able assist you in getting the medical evidence you need to support your claim.