Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is why you need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a significant cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. 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 greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the agency to pay him back for benefits he was deprived of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National
veterans disability attorneys Council for Legal Redress, and the Black Veterans Project. The results 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 based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black
Veterans Disability Lawsuit.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still has to pay him for his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories through each application and re-application, the suit says.
The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them need truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims brought by family members and creditors including alimony and child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, 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. It claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A lawyer who is qualified will be able to review the evidence used to support your claim and submit new and additional evidence if necessary. The lawyer will also be aware of the challenges of dealing with the VA and could lead to a greater level of empathy for your situation. This could be a great asset in your appeals process.
One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't correctly classified their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your situation. For instance medical experts may be able to show that the pain you feel is related to your service-connected injury and that it is causing you to be disabled. They may assist you obtain the medical records that are required to support your claim.