Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash which killed dozens has been awarded a significant victory. However, it comes at a price.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.
Monk, a retired psychiatric nurse, claims that discrimination from VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to pay him back for benefits he has been deprived of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans disability attorneys than it was for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. That “bad paper” hindered him from receiving aid for tuition, home loans and other benefits.
He filed a lawsuit against the military to overturn the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks monetary damages and asks the court to direct 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 pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts can confiscate veterans’ VA compensation to pay for child support and alimony. It’s not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans’ benefits from claims of family members and creditors other than alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long, winding path.
He was denied benefits at a much more frequent rate than his white counterparts. 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 Disability Lawsuit was systematic and widespread. The suit 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 similar veterans.
Appeals
The VA’s Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals to veterans’ disability cases can assist you in ensuring that your appeal is in line with all requirements and it gets a fair hearing.
A competent lawyer will review the evidence used to support your claim and, should it be necessary, present additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This can be a valuable advantage in your appeals.
One of the most common reasons that a veteran’s claim for disability is denied is because the agency hasn’t correctly described their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A reputable lawyer will also be able to consult with medical specialists to provide additional proof of your health condition. A medical expert for instance, might be able to prove that your pain is a result of your service-related injury and that it is in a way limiting. They may assist you get the medical records required to support your claim.