Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is why you should hire a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. However, it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led 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 demands that the agency compensate him for benefits he was deprived of and to change its policies regarding 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 via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and 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 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination due to PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. It's not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members 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 equipment and troops out of combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a higher rate than white counterparts. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other
veterans disability attorneys.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you can. An experienced lawyer in appeals for disabled
veterans disability attorney will help you ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.
A licensed lawyer can examine the evidence used to prove your claim, and should it be necessary, present additional evidence. A lawyer who understands the VA's challenges can be more sympathetic to your situation. This could be a great benefit in your appeals.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury, and is in a way limiting. They might be able assist you in getting the medical records required to support your claim.