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 to make a profit. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing 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. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He wants the agency to repay him for the benefits he has been deprived of and to amend its policies on race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made 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 be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. This “bad paper” prevented him from receiving home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks monetary damages and asks the court to order the VA to look into the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that courts in the state can take away veterans’ VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans disability lawyer‘ payment from claims made by creditors and family members, except for child support and alimony.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and arduous path.
He was denied benefits 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 disability lawsuit Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you’re considering appealing a decision, it is crucial to file an appeal in the earliest time possible. An experienced lawyer in appeals to veterans’ disability cases can assist you in ensuring that your appeal meets all the requirements and that it receives a fair hearing.
A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation should it be required. The lawyer will also understand the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This can be a huge advantage in the appeals process.
A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your condition. For instance medical experts might be able prove that the pain you are experiencing is due to your service-related injury and is disabling. They may also be able assist you in getting the medical records required to prove your claim.