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. This is why you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. But it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.
Monk, who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black
veterans disability attorneys to be affected in ways that have affected their health, home or work and education. Monk wants the VA to reimburse him for the benefits that it has denied him, and to modify their policies regarding 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 last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.
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 as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatic memories through each application and re-application for benefits, the suit states.
The lawsuit seeks financial compensation and also asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or accompanied 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 popular myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims brought by creditors and family members with the exception of child support and alimony.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however the discharge he received was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding path.
He was denied benefits at an amount that was significantly higher than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades-long discrimination against Black
veterans disability lawyers. It seeks to redress Monk and other veterans who are like Monk.
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 important to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.
A qualified lawyer can review the evidence used to justify your claim and present new and additional evidence when needed. A lawyer will also know the challenges of dealing with the VA and could result in a greater degree of empathy for the situation. This could be a valuable benefit in your appeals process.
A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will also be able to consult with medical professionals to provide additional proof of your medical condition. A medical professional could, for instance, be able prove that your pain is due to the injury you sustained while working and is in a way limiting. They might also be able to assist you obtain the medical records that are needed to support your claim.