Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle veterans disability law firms Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an air carrier crash that killed a number of people has a huge victory. However, it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of 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, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to reimburse him for benefits it has not provided him and to amend their policies regarding race, 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 by way of Freedom of Information Act requests which they submitted 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 receive a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for Veterans Disability Lawsuit of color than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not acceptable. This “bad paper” prevented him from receiving home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit claims.
The lawsuit is seeking monetary damages and also to orally order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women’s Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans’ compensation from claims made by family members and creditors including child support and alimony.
Conley Monk, who was a volunteer 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 several medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and arduous route.
He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.
A licensed lawyer can examine the evidence used to prove your claim and, if necessary, submit new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and could increase the level of empathy for your situation. This can be a significant benefit to your appeals.
One of the most frequent reasons that a veteran’s claim for disability is denied is because the agency hasn’t correctly defined their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will also be able of working with medical experts to provide additional proof of your medical condition. For instance an expert in medicine could be able to prove that the pain you feel is a result of your service-related injury and that it is causing impairment. They may also be able to assist you obtain the medical records that are needed to support your claim.