Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. This is why you should hire a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision which killed dozens has won a significant victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly 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 more frequent rate than white veterans over the last three decades, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life, employment, and education. He demands that the agency pay him back for benefits he was deprived of, and to modify its policies regarding race as well as discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black veterans disability lawyers were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This “bad paper” prevented 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 wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most painful memories with each application and re-application, the suit says.
The lawsuit seeks financial damages and also to orally order the VA to examine the systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women’s Action Network to get the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans’ VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans’ payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawyer Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. It is crucial 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 receives an equitable hearing.
A licensed lawyer will be able to review the evidence that was used to justify your claim and present additional evidence, if necessary. A lawyer also knows the challenges involved in dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This can be an important asset in your appeals.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your medical condition. For instance medical experts might be able demonstrate that the pain you experience is a result of your service-related injury and is disabling. They could be able to assist you in getting the medical evidence you need to prove your claim.