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 cash cow. You need an attorney who is certified 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 a major victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed on Monday the Department of
veterans disability lawyer Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.
Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He demands that the agency compensate him for benefits it has deprived him of, and to modify its policies regarding race as well as 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 that they submitted on behalf of National Veterans Council for Legal Redress and the Black
veterans disability attorney Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 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
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit asserts that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks damages in the form of money and also asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform and those who accompany them need honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by creditors and family members in the case of alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but then was discharged that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. It was a long, difficult road to get the VA to accept disability compensation.
He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like him.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing a decision, it is important that you do so as soon as possible. A lawyer with experience in appeals for
veterans disability can assist you in ensuring that your appeal is in line with all the requirements and that you are given a fair hearing.
A qualified lawyer is able to examine the evidence that was used to support your claim and submit new and additional evidence if necessary. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This could be a great advantage during your appeals procedure.
One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly defined their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your situation. A medical professional could, for instance, be able show that your pain is caused by your service-related injury, and is disabling. They might be able assist you in getting the medical records you require to prove your claim.