Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit veterans with disabilities to make money often rely on their benefits. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won an important victory. But it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying 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 that VA has denied his disability claims at a 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, a former psychiatrist, has claimed that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life work, education, and employment. He wants the VA to compensate him for the benefits that it has denied him and to amend their 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. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black
veterans disability lawyers than it was for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm from reliving some of his most traumatic memories with each application and re-application for benefits the suit claims.
The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine the the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them require truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for
veterans disability Lawsuits disability compensation was a long and winding route.
He was denied access at an amount that was significantly higher than white people. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as soon as you are able. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all requirements and it receives a fair hearing.
A lawyer who is qualified will be able to review the evidence used to justify your claim and present additional evidence, if necessary. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This could be a great benefit in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly described their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance an expert in medicine may be able to show that the pain you suffer is a result of your service-connected injury and is causing impairment. They may be able to assist you in obtaining the medical records needed to prove your claim.