Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit disabled veterans to earn money often use their benefits. You need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash that killed a number of people has been awarded a significant victory. However, it comes with a price.
Class Action Settlement
The Department of
veterans disability attorneys Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the VA to pay him back the benefits that it has denied him and to amend 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 through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data 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 black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is 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 member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived the most traumatic memories in each application and re-application for benefits, the suit claims.
The lawsuit is seeking monetary damages and wants the court order the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members except for alimony or child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied services at a rate significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. It is crucial to appeal a decision as soon as you are able. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is in line with all the requirements and it is heard in a fair manner.
A lawyer who is qualified will be able to review the evidence used to back your claim and provide additional evidence should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This can be an invaluable advantage during your appeals procedure.
A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A professional attorney will also be able work with medical experts to provide additional proof of your health condition. A medical professional, for example, may be able prove that your pain is a result of your service-related injury, and is debilitating. They may be able to assist you in obtaining the medical records needed to support your claim.