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. This is why you require an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white
veterans disability attorneys, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. Monk wants the VA to reimburse him for benefits it has deprived him of and to alter its policies on 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, 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 prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per 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 having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against 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. He also suffered severe emotional harm as he relived some of his most traumatizing memories in each application and re-application, the suit states.
The lawsuit seeks financial damages and seeks 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 to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however he received a discharge that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied at the rate of significantly more than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf 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 deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.
A lawyer with experience can look over the evidence used to prove your claim and, if necessary, submit additional and more convincing evidence. A lawyer also knows the difficulties involved in dealing with the VA and could result in a greater degree of empathy for the situation. This can be an important asset in your appeals.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your condition. For instance an expert in medical practice could be able to prove that the pain you are experiencing is related to your service-connected injury and is causing disability. They may also be able to help you obtain the medical records required to support your claim.