Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you need an attorney that is certified to deal with 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 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 in a manner that is much 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 greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to compensate him for the benefits it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks damages in the form of money and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or those who accompany them need honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect
veterans disability attorney' payments from the claims of creditors and family members except for alimony or child support.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and
veterans Disability equipment out of combat zones. He received several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.
He was denied access at an amount that was significantly 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 Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar
veterans disability law firm.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. If you are considering appealing an appeal, it's important that you do so immediately. A lawyer with experience in appeals for
veterans disability can help ensure that your appeal meets all requirements and it is heard in a fair manner.
A competent lawyer will review the evidence that supports your claim and, should it be necessary, present new and additional proof. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This can be an important advantage in your appeals.
One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your medical condition. For example, a medical expert might be able demonstrate that the pain you feel is a result of your service-related injury and is disabling. They may be able to assist you in obtaining the medical records needed to prove your claim.