Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to earn profits often make use of their benefits. This is why you should hire an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. But it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School
veterans disability lawyers Legal Services Clinic.
Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He would like the VA to compensate him for the benefits that it has denied him and to change their policies on race, discharge status, and 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks monetary damages and also asks the court's order for 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 pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who are their companions deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding road.
He was denied at a rate significantly higher than his white peers. This discrimination against blacks was widespread and pervasive, according to 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 but did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.
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 crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.
A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence, when needed. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This could be a valuable benefit in your appeals process.
One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not correctly characterized their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your health condition. For example an expert in medical practice may be able to show that the pain you feel is a result of your service-connected injury and that it is disabling. They might be able assist you in getting the medical records you require to support your claim.