Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money frequently use their benefits. You require an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an air carrier crash that killed a number of people has won a significant victory. But it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed 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 work, education, and employment. He would like the VA to pay him back the benefits that it has denied him and to amend their policies regarding race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black
veterans disability law firm Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued 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 sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. He also suffered emotional trauma from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit seeks financial compensation, and wants the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military, or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but then was discharged that was less than honorable because he had two fights because of a post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long, winding journey.
He was denied benefits at a rate significantly higher than white people. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. It is essential to appeal a decision as swiftly as you can. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.
A qualified lawyer can review the evidence to support your claim, and if necessary, submit new and additional evidence. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of empathy for the situation. This can be a significant asset in your appeals.
A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your health condition. A medical expert could, for instance, be able show that the pain you are experiencing is due to your service-related injury and is disabled. They may also be able assist you in getting the medical records required to prove your claim.