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 as a cash cow. You need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered 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 the cost of.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white
veterans disability law firm, according to a lawsuit filed 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 as well as 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 during the past three decades.
Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He is requesting that the VA repay him for the benefits that it has taken him out of and to change its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The
veterans disability law firms Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.
He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatic memories through each application and re-application for benefits, the suit states.
The lawsuit seeks financial damages and seeks the court to order 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 force the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims brought by family members and creditors including alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and
Veterans Disability Lawsuits the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. It is important to appeal a decision as quickly as you can. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal is in line with all requirements and it receives a fair hearing.
A licensed lawyer can examine the evidence that was used to back your claim and provide new and additional evidence if necessary. A lawyer also knows the challenges of dealing with the VA and this could result in a greater degree of empathy for your situation. This can be a significant benefit to your appeals.
One of the most common reasons a veteran's disability claim is rejected is because the agency has not correctly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your situation. A medical expert for instance, might be able show that your pain is due to your service-related injury and that it is in a way limiting. They might also be able help you obtain the medical records that are required to prove your claim.