Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money frequently use their benefits. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed a number of people has won a major victory. But it comes with an expense.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School
veterans disability lawsuit Legal Services Clinic.
Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black
veterans disability law firm to suffer in ways that have affected their health, home work, education and employment. He would like the VA to reimburse him for the benefits that it has denied him and to change their policies on race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 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 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 having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.
The lawsuit seeks financial damages and asks the court to direct the VA to review its systemic PTSD discrimination. 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
Those who have served our country in uniform or those who are their companions deserve honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members, except for 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 combat zones. He was awarded several medals, but the discharge he received was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.
He was denied access at the rate of significantly more than his white peers. 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 bias was systemic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing an agency decision, it's important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.
A qualified lawyer will be able to review the evidence that was used to justify your claim and present additional evidence and documentation if necessary. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstance. This can be a significant asset in your appeals.
One of the primary reasons that a veteran's claim for disability is rejected is because the agency has not properly defined their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your situation. For instance, a medical expert might be able prove that the pain you are experiencing is due to your service-related injury and is causing you to be disabled. They might be able assist you in obtaining the medical records needed to prove your claim.