Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is the reason you need an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash which killed dozens has a huge victory. However, it comes with a hefty cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black
veterans disability attorneys in denying their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the 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 past three decades.
Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for the benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 likely to be granted the claim for disability 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.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits, the suit says.
The lawsuit seeks financial compensation and asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of 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 most popular myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors with the exception of child support and alimony.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long, winding road.
He was denied benefits 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 Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. 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 like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. If you're considering appealing the decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an impartial hearing.
A competent lawyer will review the evidence to support your claim and, if needed, provide new and additional proof. A lawyer also knows the difficulties involved in dealing with the VA and can lead to a greater level of empathy for the situation. This can be a valuable benefit in your appeals.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your situation. For example an expert in medical practice may be able to show that the pain you feel is due to your service-related injury and is causing you to be disabled. They might also be able help you get the medical records that are required to support your claim.