Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. You need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has a huge 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 significantly higher rate than white veterans, according to the lawsuit filed on Monday. 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 VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. Monk wants the VA to reimburse him for benefits he has been deprived of, and to modify its policies regarding race as well as discharge status and 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. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination against PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.
The lawsuit seeks monetary damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
veterans disability lawsuit who have served our nation in uniform and those who accompany them deserve honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of 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. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied benefits at a greater rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of
veterans disability lawyers Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as possible. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal is compliant with all requirements and ensure that it is heard in a fair manner.
A licensed lawyer can examine the evidence to support your claim and, if needed, provide additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and could lead to a greater level of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.
One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A lawyer who is qualified will be able to consult with medical professionals to provide additional proof of your health condition. For instance, a medical expert may be able to show that the pain you are experiencing is a result of your service-related injury and is disabling. They might assist you obtain the medical records needed to support your claim.