Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit veterans with disabilities to make money often rely on their benefits. You should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier collision has won a major victory. But it comes with a significant cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than 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, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to pay him back the benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and 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 was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.
The lawsuit is seeking monetary damages and also to require the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later was discharged that was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied benefits at a higher rate than his white counterparts. 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. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other
veterans disability law firm.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is in line with all requirements and ensure that it is heard in a fair manner.
A licensed lawyer can examine the evidence used to prove your claim and, if needed, provide additional and more convincing evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and can create a higher level of empathy for the situation. This can be a huge advantage during your appeals procedure.
A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A professional attorney will also be able work with medical experts to provide additional proof of your medical condition. A medical professional, for example, may be able to prove that your pain is a result of your service-related injury and is disabled. They may be able to assist you in getting the medical evidence you need to support your claim.