Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money often rely on their benefits. You require an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal air carrier collision has won an important victory. However, it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He wants the VA to pay him back the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This “bad paper” kept him from getting home loans or tuition aid, as well as 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 is owed money for previous denials of disability benefits. He also suffered severe emotional harm as he relived the most traumatic memories with each application and re-application, the suit says.
The lawsuit seeks monetary damages and also to orally order the VA to review the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women’s Action Network to force the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that the state courts can take away veterans’ VA compensation to pay for alimony and child support. It’s not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans’ benefits from claims of family members and creditors except for alimony or child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but then was discharged that was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit brought 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 but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. If you are considering appealing a decision, it is crucial to file an appeal in the earliest time possible. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and that you are given a fair hearing.
A qualified lawyer can review the evidence that supports your claim, and if needed, provide additional and more convincing evidence. A lawyer who knows the challenges of the VA will be more understanding of your situation. This can be a significant advantage in your appeals.
One of the primary reasons a veteran’s disability claim can be denied is because the agency has not properly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury and that it is debilitating. They may also be able assist you in obtaining the medical records needed to support your claim.