Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. You need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal air carrier collision has won an important victory. However, it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying 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 during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He is requesting that the VA pay him back for benefits he has been deprived of and to change its policies on race discharge status, discharge status and denial rates.
Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability lawsuit Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday in the United States, 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 as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honourable. That “bad paper” did not allow him to get the home loan, tuition assistance and other benefits.
He sued the military to overturn the discharge, and was awarded a wide 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 emotional harm from reliving some of his most traumatic memories in each application and re-application for benefits, the suit states.
The lawsuit seeks monetary damages and asks the court to require the VA to review its systemic PTSD discrimination. 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 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 biggest misconceptions is that state courts can garnish veterans’ VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans’ compensation from claims brought by creditors and family members in the case of alimony and child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later the discharge he received was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous road.
He was denied benefits at a higher 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 discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. If you’re thinking of appealing the decision, it is essential to do so in the earliest time possible. An experienced lawyer in appeals to veterans’ disability cases will help you ensure that your appeal is compliant with all requirements and ensure that it receives a fair hearing.
A lawyer who is qualified can examine the evidence used to prove your claim and then submit additional evidence, in the event of need. A lawyer who is familiar with the VA’s issues can be more understanding of your circumstance. This can be a significant benefit to your appeals.
One of the main reasons that a veteran’s claim for disability is denied is due to the agency has not properly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able to work with medical experts to provide additional proof of your medical condition. A medical expert could, for instance, be able prove that your pain is due to your service-related injury and that it is in a way limiting. They could be able to assist you in obtaining the medical records needed to support your claim.