Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability
LawsuitsVeterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you should hire a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has won a significant victory. But it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of
veterans disability law firms Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.
Monk who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. Monk wants the VA to repay him for the benefits he was deprived of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted 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 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black
veterans disability lawyer, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans in adisproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. This "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 in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories with 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 look into systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who are their companions deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members 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 out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and winding road.
He was denied benefits at a more frequent 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, this racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.
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 are considering appealing the decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an equitable hearing.
A competent lawyer will review the evidence that supports your claim and, when necessary, submit additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This can be an invaluable benefit in your appeals process.
One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't correctly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A professional attorney will also be able work with medical professionals to provide additional evidence of your health condition. A medical professional could, for instance, be able to demonstrate that your pain is caused by the injury you sustained while working and is disabling. They may assist you obtain the medical records that are required to support your claim.