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 to make a profit. This is why you need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won an important victory. But it comes at a price.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white
veterans disability Lawsuit. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of 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 who is an ex-psychiatric nurse and retired, 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 as well as their education, employment and home. He is requesting that the VA compensate him for the benefits that it has denied him, and to modify their policies regarding race, 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, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination against PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led 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 to show that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.
He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm from reliving the most traumatic memories with each application and re-application, the suit says.
The lawsuit seeks damages in the form of money and also asks the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors other than alimony and child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but later his discharge was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous route.
He was denied at a rate significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the
veterans disability law firm Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you can. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.
A licensed lawyer can examine the evidence to support your claim and, should it be necessary, present additional and more convincing evidence. A lawyer who is familiar with the challenges of the VA will be more understanding of your circumstances. This can be an important benefit in your appeals.
One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A professional attorney will also be able work with medical professionals to provide additional evidence of your condition. A medical professional is one example. They may be able to demonstrate that your pain is due to your service-related injury, and is debilitating. They could be able to assist you in getting the medical records you require to support your claim.