Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by
lawyers who use their benefits as a cash cow. This is why you require an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an air carrier crash that killed dozens of people has won a major victory. However, it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the last three decades.
Monk,
lawyers a former psychiatrist, says that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life work, education, and employment. He demands that the agency reimburse him for benefits he has been deprived of, and to modify its policies on race, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black
veterans disability lawyers, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most painful memories through each application and re-application for benefits the suit says.
The lawsuit seeks damages in the form of money and asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
People who have served their country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and arduous route.
He was denied benefits at the rate of significantly more than white people. According to the lawsuit filed on 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 claims that the VA was aware of but did not confront decades-old 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 essential to appeal a decision as fast as you can. A lawyer with experience in veteran disability appeals can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.
A licensed lawyer can examine the evidence used to prove your claim, and when necessary, submit additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could create a higher level of empathy for the situation. This could be a great advantage in the appeals process.
A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your medical condition. For example an expert in medicine might be able prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They might also be able help you obtain the medical records needed to support your claim.