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 often use their benefits. You require an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an air carrier crash which killed dozens has won a significant victory. However, it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to compensate him for the benefits 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 information 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 from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black
veterans disability Attorney. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.
He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most painful memories in each application and re-application for benefits the suit states.
The lawsuit seeks financial damages and seeks to have the court order the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding journey.
He was denied access at an rate that was much higher than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.
A licensed lawyer can examine the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstance. This can be a huge advantage during your appeals procedure.
One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly described their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional evidence of your health condition. For instance, a medical expert might be able demonstrate that the pain you experience is a result of your service-connected injury and is disabling. They might be able assist you in obtaining the medical records needed to prove your claim.