Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a huge price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans disability attorneys disability lawsuit (related web site) by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He demands that the agency compensate him for benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have denied claims filed by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honorable. The “bad paper” did not allow him to get the home loan, tuition assistance and other benefits.
He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories through each application and re-application, the suit says.
The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to review the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women’s Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts can garnish 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 protect the payment of veterans from claims made by family members and creditors, except for alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He received several medals for his service, but was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like him.
Appeals
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you can. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal complies with all the requirements and it is heard in a fair manner.
A lawyer who is qualified can examine the evidence that was used to back your claim and provide additional evidence, should it be required. The lawyer will also understand the challenges of dealing with the VA, and this can lead to a greater level of empathy for the situation. 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 lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your medical condition. For instance, a medical expert could be able to prove that the pain you feel is due to your service-related injury and that it is causing disability. They may also be able to assist you get the medical records required to prove your claim.