Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won an important victory. But it comes with a substantial cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black
veterans disability law firm by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He demands that the agency repay him for the benefits it has deprived him of and to change its policies on 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 as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.
He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional harm from reliving some of his most painful memories each time he applied and re-application, the suit claims.
The lawsuit seeks financial damages and asks the court to orally order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort 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
People who have served in the military or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then was discharged that was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied at the rate of significantly more than his white peers. The discrimination was racial and pervasive, according 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. It asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks redress for Monk and other
Veterans Disability lawsuit who are like him.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.
A qualified lawyer can review the evidence used to support your claim and submit additional evidence and documentation if necessary. The lawyer will also be aware of the difficulties of dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be an important benefit in your appeals.
A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your situation. For instance, a medical expert could be able to prove that the pain you feel is a result of your service-connected injury and is causing disability. They could be able to assist you in obtaining the medical records needed to prove your claim.