Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make money frequently use 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 disorder and other mental illnesses related to an aircraft carrier collision that killed a number of people has won a major victory. But it comes at cost.
Class Action Settlement
The Department of
veterans disability lawyer Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white
veterans disability lawyers, as per a lawsuit filed Monday. 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 more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. Monk wants the VA to compensate him for 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 via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
PTSD Discrimination
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 veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle 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" prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.
The lawsuit seeks financial damages and also to orally order 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 make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but was discharged that was less than honorable due to the fact that he was battling two times 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 benefits at a greater 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 did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
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 a decision, it is important that you do so in the earliest time possible. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal meets all requirements and ensure that you are given a fair hearing.
A lawyer with experience can look over the evidence used to prove your claim and, if necessary, submit new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a huge benefit in your appeals process.
One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your medical condition. A medical expert, for example, may be able prove that your pain is a result of your service-related injury, and is debilitating. They may also be able help you obtain the medical records required to support your claim.