Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (
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Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is why you should hire a attorney who is accredited to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that killed dozens of people has won a significant victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed Monday the Department of
veterans disability law firm Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per documents 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 affected their health, home or work and education. He is requesting that the VA repay him for the benefits that it has taken him out of, and to modify its policies regarding race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone 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 due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later 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 loans for homes or tuition aid as well as other benefits.
He sued the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also 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 also to decide to require the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.
Conley Monk, who volunteered for his country, spent 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 work, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult path.
He was denied benefits at a much higher rate than his white counterparts. 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
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 considering appealing an appeal, it's crucial to file an appeal as soon as you can. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.
A licensed lawyer can examine the evidence that supports your claim and, when necessary, submit new and additional proof. A lawyer who knows the VA's challenges can be more understanding of your circumstance. This could be a great advantage in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly described their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your condition. A medical expert, for example, may be able prove that the pain you are experiencing is due to your service-related injury, and is debilitating. They could be able to assist you in getting the medical evidence you need to support your claim.