Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You require an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School
veterans disability law firm Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He demands that the agency repay him for the benefits he was deprived of and to amend its policies regarding race, 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, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black
veterans disability attorneys.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. The "bad paper" prevented him from getting home loans, tuition assistance and 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. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving the most painful memories with each application for benefits.
The lawsuit seeks financial damages and seeks to have the court require the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them deserve honest answers about the benefits for veterans and their influence on the financial aspects of divorce. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims made by family members and creditors with the exception of alimony and child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his service, but he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, long, and winding path for
Veterans Disability lawsuits him to convince the VA to accept disability compensation.
He was denied benefits at the rate of significantly more 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 discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
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 soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.
A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit new and additional proof. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your situation. This can be a valuable benefit in your appeals.
A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your situation. A medical professional could, for
Veterans Disability Lawsuits instance, be able to prove that your pain is caused by the injury you sustained while working and is disabling. They may also be able to help you obtain the medical records required to support your claim.