Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit disabled veterans to make money often use their benefits. This is the reason you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an air carrier crash which killed dozens has won a significant victory. However, it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in 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 much more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the agency to reimburse him for benefits he was deprived of and to change its policies regarding race discharge status, 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 via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination due to PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most painful memories in each application and re-application for benefits the suit states.
The lawsuit seeks damages in the form of money and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members in the case of child support and alimony.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding road.
He was denied benefits at a much higher rate than white counterparts. This racial discrimination was systemic and widespread, as per 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. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other
veterans disability lawyer who are like him.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.
A lawyer with experience can look over the evidence that supports your claim and, should it be necessary, present new and additional proof. The lawyer will also be aware of the challenges involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a significant asset in your appeals.
One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly defined their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. For instance, a medical expert could be able to prove that the pain you experience is due to your service-related injury and is disabling. They may be able to assist you in getting the medical evidence you need to support your claim.