Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit veterans with disabilities to make money often use their benefits. You should hire an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won an important victory. However, it comes with a price.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying 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. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.
Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA pay him back for benefits he was deprived of, and to modify its policies on race discharge status, discharge status and denial rates.
In the past year, Monk and the
veterans disability law firm Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims made by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.
He sued the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks monetary damages, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by family members and creditors in the case of child support and alimony.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and 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 due to an undiagnosed post-traumatic disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous journey.
He was denied at an rate that was much higher than his white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on his behalf by the National
veterans disability attorney Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like Monk.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as fast as you are able. An experienced lawyer in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.
A qualified lawyer is able to examine the evidence used to prove your claim and then submit new and additional evidence when needed. A lawyer will also know the challenges of dealing with the VA and could lead to a greater level of understanding for your situation. This can be an invaluable asset in your appeals process.
A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able to collaborate with medical specialists to provide additional proof of your medical condition. A medical expert, for example, may be able to demonstrate that your pain is a result of your service-related injury and that it is debilitating. They might assist you obtain the medical records that are needed to support your claim.