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 as a source of cash. This is why you should hire an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He would like the VA to compensate him for the benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via 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. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black
veterans disability attorney than it was for white veterans.
Discrimination is based on 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 having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.
The lawsuit seeks monetary damages and wants the court orally order the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who accompany them deserve honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members except for alimony or child support.
Conley Monk was a volunteer 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 issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an assessment made by the agency. If you are considering appealing a decision, it is crucial to file an appeal in the earliest time possible. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all requirements and ensure that it receives a fair hearing.
A competent lawyer will review the evidence that supports your claim, and if needed, provide new and additional evidence. A lawyer also knows the difficulties involved in dealing with the VA and could lead to a greater level of understanding for your situation. This could be a great benefit to your appeals.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will be able work with medical experts to provide additional proof of your situation. A medical professional is one example. They may be able to prove that your pain is due to your service-related injury, and is in a way limiting. They may also be able assist you in obtaining the medical records needed to prove your claim.