Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
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Veterans 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 deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a significant 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, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA compensate him for the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made 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 between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.
The lawsuit seeks financial damages and asks the court to order the VA to review 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
Those who have served our nation in uniform and those who accompany them need truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a higher rate than white peers. This discrimination against blacks was widespread and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to take action to end decades of 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. If you are considering appealing a decision, it is important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.
A qualified lawyer is able to examine the evidence used to back your claim and provide additional evidence and documentation should it be required. The lawyer will also understand the challenges of dealing with the VA and this could lead to a greater level of empathy for your situation. This could be a valuable benefit in your appeals process.
One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your health condition. For instance an expert in medical practice may be able to show that the pain you feel is a result of your service-related injury and that it is causing disability. They might also be able to help you obtain the medical records required to prove your claim.