Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. You should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered 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 Monday the Department of
veterans disability lawyers Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. 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 more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency compensate him for benefits it has deprived him of and to amend its policies regarding race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not acceptable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.
He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.
The lawsuit seeks monetary damages and wants the court orally order the VA to examine the the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by family members and creditors in the case of alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding journey.
He was denied at a rate significantly higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the
veterans disability law firms Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives a fair hearing.
A qualified lawyer can review the evidence used to support your claim and, if necessary, submit new and additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This can be a valuable asset in your appeals.
A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional evidence of your medical condition. For example an expert in medical practice might be able prove that the pain you feel is due to your service-related injury and is causing disability. They might also be able to help you get the medical records needed to support your claim.