Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier collision has won an important victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans disability law firms when it denies their disability claims at a rate that is significantly 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.
Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the agency to repay him for the benefits he was deprived of, and to modify its policies on race discharge status, 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. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This “bad paper” hindered him from receiving the home loan, tuition assistance and other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks monetary damages and also to decide to require the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them deserve honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that the state courts can take away veterans’ VA compensation to pay for child support and alimony. This isn’t the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans’ payment against claims from family members and creditors with the exception of child support and alimony.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later was discharged that was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and winding route.
He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you’re thinking of appealing an agency decision, it’s crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and that it gets a fair hearing.
A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence, should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This can be a huge advantage during your appeals procedure.
A veteran’s claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your medical condition. For example, a medical expert might be able demonstrate that the pain you feel is related to your service-connected injury and is disabling. They may also be able to help you obtain the medical records that are required to prove your claim.