Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won a major victory. However, it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He is requesting that the VA repay him for the benefits he has been deprived of, and to modify its policies regarding race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black
veterans disability law firms, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by family members and creditors including child support and alimony.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied benefits at a higher rate than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on his behalf 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 combat decades of discrimination against Black
veterans disability attorney. It seeks justice for Monk and other veterans who are like him.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is crucial to file an appeal as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.
A qualified lawyer can review the evidence to support your claim, and when necessary, submit additional evidence. The lawyer will also understand the challenges of dealing with the VA and can lead to a greater level of understanding for your situation. This can be an important advantage in your appeals.
One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. An experienced attorney will be able work with medical experts to provide additional evidence of your situation. For instance medical experts could be able to prove that the pain you suffer is related to your service-connected injury and that it is causing disability. They may assist you get the medical records needed to support your claim.