Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. You need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA compensate him for the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of 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 disability law firms were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honourable. This "bad paper" prevented him from getting home loans 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 in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.
The lawsuit is seeking monetary damages and also to orally order the VA to review systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Those who have served our nation in uniform and those who accompany them require honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members, except for child support and alimony.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a greater rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's crucial to file an appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all requirements and it gets a fair hearing.
A competent lawyer will review the evidence used to prove your claim and, if necessary, submit new and additional proof. A lawyer who knows the challenges faced by the VA can be more sympathetic to your situation. This can be an invaluable benefit in your appeals process.
One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will be able of working with medical experts to provide additional proof of your situation. A medical expert for instance, might be able prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They might assist you get the medical records required to support your claim.