Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money frequently use their benefits. You require an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won a major victory. However, it comes with a significant cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA pay him back the benefits it has denied him and to change their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted 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 assisting in the transportation of equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most painful memories through each application and re-application for benefits the suit claims.
The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine its 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 into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them require honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of 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 was awarded several medals, but later he received a discharge that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied access at an amount that was significantly higher 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 Disability Lawsuit Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other
veterans disability law firm who are like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. If you're considering appealing the decision, it is important to appeal as soon as possible. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal complies with all requirements and ensure that you are given a fair hearing.
A lawyer who is qualified will be able to review the evidence used to prove your claim and then submit additional evidence, if necessary. The lawyer will also understand the difficulties of dealing with the VA and could result in a greater degree of empathy for the situation. This can be a significant advantage in your appeals.
A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your situation. For example, a medical expert might be able prove that the pain you feel is a result of your service-related injury and is causing you to be disabled. They may assist you obtain the medical records needed to support your claim.