Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle veterans disability Lawsuits (shinhwaspodium.com)
Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly 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. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to the agency’s 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 other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to pay him back for benefits he has been deprived of, and to modify its policies on race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans disability attorneys.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans disproportionately.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was not honorable. This “bad paper” kept him from getting home loans or tuition aid, as well as other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional harm from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit states.
The lawsuit seeks financial damages and also to require the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as 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 have served our nation in uniform and those who accompany them deserve truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that courts in the state can take away veterans’ VA compensation to pay for child support and alimony. This isn’t the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans’ compensation from claims of creditors and family members with the exception of alimony and child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however he received a discharge that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied benefits at a greater rate than his white counterparts. The discrimination was racial and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. If you’re thinking of appealing an appeal, it’s crucial to file an appeal as soon as possible. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal meets all requirements and ensure that it gets a fair hearing.
A qualified lawyer can review the evidence used to support your claim, and should it be necessary, present new and additional proof. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be a huge benefit in your appeals process.
One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency hasn’t properly described their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A qualified lawyer will be able to work with medical experts to provide additional evidence of your medical condition. A medical professional is one example. They may be able to prove that your pain is a result of your service-related injury and is debilitating. They may also be able assist you in getting the medical evidence you need to support your claim.