Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money often use their benefits. This is why you need 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 crash has clinched a major victory. However, it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old 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 greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, 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, home or work and education. Monk wants the VA to pay him back for benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data 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 data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black
Veterans Disability Lawsuit, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial compensation and seeks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who are their companions deserve honest answers about
veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, however he received a discharge that was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long, winding path.
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 claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit new and additional evidence should it be required. The lawyer will also be aware of the challenges of dealing with the VA and can lead to a greater level of empathy for the situation. This can be an important advantage in your appeals.
A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to consult with medical specialists to provide additional proof of your condition. For instance, a medical expert may be able to show that the pain you feel is due to your service-related injury and is causing you to be disabled. They might also be able to assist you obtain the medical records required to prove your claim.