Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money often rely on their benefits. This is why you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. But it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white
veterans disability lawyer, 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. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the last three decades.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as 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 repay him for the benefits he was deprived of and to amend its 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 which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white
Veterans Disability Lawsuit.
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 a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories through each application and re-application for benefits the suit states.
The lawsuit is seeking monetary damages and also to require the VA to examine the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law that is found 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, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then his discharge was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous route.
He was denied services at an amount that was significantly higher 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 discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.
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 essential to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.
A qualified lawyer can examine the evidence that was used to justify your claim and present new and additional evidence in the event of need. The lawyer will also understand the difficulties of dealing with the VA, and this can create a higher level of empathy for your situation. This can be an invaluable benefit in your appeals process.
A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your situation. A medical professional for instance, might be able to demonstrate that your pain is a result of the injury you sustained while working and is disabling. They might also be able help you get the medical records that are needed to support your claim.