Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is why 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 disorders linked to a fatal air carrier collision has won a major victory. However, it comes with a substantial price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for benefits it has deprived him of, and to modify its policies regarding 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 that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This “bad paper” kept him from getting home loans or tuition aid as well as other benefits.
He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional trauma from reliving some of his most painful memories with each application and re-application for benefits, the suit says.
The lawsuit is seeking monetary damages and asks the court to orally order the VA to review systemic PTSD bias. This is the latest attempt 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
Those who served in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans’ payments against claims from family members and creditors, except for alimony and child support.
Conley Monk, 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 he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied 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, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans disability attorney (http://inprokorea.com/). It seeks to redress Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. If you’re considering appealing an agency decision, it’s important that you do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.
A qualified lawyer can review the evidence that supports your claim and, should it be necessary, present additional evidence. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstance. This could be a valuable asset in your appeals process.
One of the most common reasons that a veteran’s claim for disability is denied is due to the agency has not correctly defined their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A reputable lawyer will also be able to consult with medical experts to provide additional proof of your condition. For instance, a medical expert might be able demonstrate that the pain you suffer is due to your service-related injury and that it is causing impairment. They might also be able to assist you obtain the medical records that are needed to support your claim.