Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make profits often make use of their benefits. This is the reason you need a attorney who is accredited to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash which killed dozens has been awarded a significant victory. But it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He wants the agency to compensate him for benefits he has been deprived of and to amend 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 data in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black
veterans disability lawyer, according to the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (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 unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatizing memories through each application and re-application for benefits, the suit says.
The lawsuit is seeking monetary damages and also to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform and those who accompany them require truthful answers regarding
veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors except for alimony or child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long and arduous road.
He was denied services at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you're considering appealing an appeal, it's important that you do so as soon as you can. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all requirements and it is heard in a fair manner.
A qualified lawyer is able to examine the evidence that was used to justify your claim and present new and additional evidence if necessary. A lawyer also knows the challenges of dealing with the VA and this could lead to a greater level of empathy for your circumstance. This could be a valuable benefit in your appeals process.
One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your condition. A medical professional, for example, may be able show that your pain is due to your service-related injury, and is in a way limiting. They may be able to assist you in getting the medical evidence you need to support your claim.