Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you should hire an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an air carrier crash that killed a number of people has been awarded a significant victory. But it comes with cost.
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 significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.
Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the agency to pay him back for benefits he was deprived of and to alter its policies on race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.
Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.
He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional harm from reliving the most traumatic memories each time he applied and re-application to receive benefits, the suit says.
The lawsuit seeks damages in the form of money, and wants the court to direct the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform and those who accompany them need honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors other than alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied access at an rate that was much higher than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black
veterans disability Lawsuit (
plantsg.com.sg). It seeks justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.
A licensed lawyer can examine the evidence used to justify your claim and present additional evidence, when needed. A lawyer who understands the VA's issues can be more sympathetic to your situation. This can be a valuable benefit to your appeals.
A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A professional attorney will also be able work with medical experts to provide additional evidence of your situation. A medical professional for instance, might be able to demonstrate that your pain is caused by your service-related injury, and is in a way limiting. They might assist you get the medical records that are required to support your claim.