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 use their benefits. You require an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. But it comes with an expense.
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, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA repay him for the benefits he has been deprived of and to change its policies regarding race as well as 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 which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for
Veterans Disability Law Firms of color than for white veterans.
Discrimination against PTSD
According to a lawsuit filed on 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 as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.
The lawsuit seeks monetary damages and asks the court to order the VA to look into systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. 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 the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, but was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than 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 disability attorneys Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other
veterans disability lawyer.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.
A licensed lawyer can examine the evidence used to support your claim, and when necessary, submit additional evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This could be a great benefit in your appeals.
A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A qualified attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your condition. For example an expert in medical practice could be able to prove that the pain you feel is a result of your service-related injury and is causing you to be disabled. They might also be able help you get the medical records required to support your claim.