Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to earn money frequently use their benefits. This is the reason you need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that killed dozens of people has won a significant victory. However, it comes with a substantial 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 when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination from VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. He would like the VA to reimburse him for the benefits it has not provided him and to change their policies on race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories in each application and re-application to receive benefits, the suit claims.
The lawsuit seeks financial damages and wants the court order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were 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 influence on divorce money issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by family members and creditors, except for alimony and child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however he received a discharge that was not a prestigious one because there were two battles because of a post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.
He was denied at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It 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.
Appeal
The VA Board of
veterans disability attorney Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you're considering appealing a decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives 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. A lawyer also knows the difficulties involved in dealing with the VA and could increase the level of understanding for your situation. This could be a great advantage in the appeals process.
A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional evidence of your condition. A medical professional is one example. They may be able to prove that your pain is due to the injury you sustained while working and is disabling. They might also be able to help you get the medical records that are needed to support your claim.