Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You require an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed a number of people has won a significant victory. However, it comes with a substantial cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. 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 much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School
veterans disability law firms Legal Services Clinic.
Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He demands that the agency compensate him for benefits it has deprived him of, and to modify its policies regarding race as well as discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately 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 assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge, and was awarded a 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 harm by reliving his most painful experiences on every application for benefits.
The lawsuit seeks monetary damages and also to order the VA to examine the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them require honest answers about the benefits for veterans and their effect on money issues in divorce. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members except for alimony or child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied benefits at an rate that was much higher than his white peers. This discrimination against blacks was widespread 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. It alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as swiftly as you can. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and it is heard in a fair manner.
A qualified lawyer can review the evidence that was used to back your claim and provide additional evidence when needed. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This can be a significant benefit to your appeals.
One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't correctly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A professional attorney will also be able work with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able show that your pain is caused by your service-related injury and that it is in a way limiting. They may also be able assist you in obtaining the medical records needed to support your claim.