Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (internet site)
Veterans with disabilities are frequently exploited by attorneys who use their benefits to make a profit. This is the reason you need an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering 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 substantial cost.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, 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 is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, 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 over the last three decades.
Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He demands that the agency compensate him for benefits he has been deprived of and to change its policies regarding race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black veterans disability lawsuit Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on 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, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. That “bad paper” kept him from obtaining mortgages, tuition assistance and other benefits.
He sued the military to overturn the discharge and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.
The lawsuit seeks monetary damages and also asks the court’s order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women’s Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them require truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most common misconceptions is that state courts are able to confiscate veterans’ VA compensation to pay for child support and alimony. This isn’t the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans’ payment from claims by creditors and family members in the case of alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, however the discharge he received was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at an rate that was much higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.
A lawyer with experience can look over the evidence to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be an invaluable asset in your appeals process.
A veteran’s claim for disability is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A reputable lawyer will also be able to work with medical experts to provide additional proof of your condition. For instance, a medical expert could be able to prove that the pain you are experiencing is due to your service-related injury and is causing you to be disabled. They may also be able assist you in getting the medical evidence you need to support your claim.