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. You require an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash which killed dozens has won a major victory. But it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. Monk wants the VA to compensate him for benefits he was deprived of and to amend its policies regarding race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
PTSD Discrimination
According to a lawsuit filed on Monday, the
veterans disability lawyer Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk decided to join 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 eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving the most painful memories with every application for benefits.
The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform, or those who accompanied them, deserve to know the truth about
veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by family members and creditors including child support and alimony.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but his discharge was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied benefits at the rate of significantly more than white people. The discrimination was racial and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an opinion of the agency. If you're considering appealing a decision, it is essential to do so as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal meets all the requirements and that it is heard in a fair manner.
A licensed lawyer is able to examine the evidence that was used to support your claim and submit additional evidence, in the event of need. A lawyer will also know the challenges of dealing with the VA and can lead to a greater level of empathy for the situation. This could be a great advantage during your appeals procedure.
A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your situation. For example an expert in medicine could be able to prove that the pain you are experiencing is related to your service-connected injury and is causing disability. They might also be able to help you get the medical records required to support your claim.