Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often exploited by
attorneys who use their benefits to make a profit. This is why you require a attorney who is accredited to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has clinched an important victory. But it comes with a hefty cost.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is significantly higher than white
veterans disability law firms. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and 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 during the past three decades.
Monk, a retired psychiatrist, says that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the agency to repay him for the benefits that it has taken him out of, and to modify its policies on race discharge status, discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the 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 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former 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 denied claims from Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He sued the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.
The lawsuit seeks financial damages and also to orally order the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt 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
Anyone who was in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, however he received a discharge that was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied benefits at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and pervasive, 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 suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.
A qualified lawyer can review the evidence used to prove your claim, and should it be necessary, present new and additional proof. The lawyer will also be aware of the difficulties of dealing with the VA and this could create a higher level of empathy for your situation. This can be a valuable asset in your appeals.
One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't properly classified their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able work with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able demonstrate that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to prove your claim.