Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit veterans with disabilities to make money frequently use their benefits. This is why you require an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed dozens of people has won a major victory. However, it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA compensate him for the benefits it has not provided him and to amend their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that 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 be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims filed by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat 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" prevented him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages and asks the court's order for the VA to examine 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 into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most popular myths is that
veterans disability lawyer can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members except for alimony or child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and difficult road to get the VA to accept disability compensation.
He was denied benefits at a higher rate than white counterparts. 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. The suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. It is crucial to appeal a decision as fast as you are able. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all the requirements and you are given a fair hearing.
A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present new and additional evidence when needed. The lawyer will also be aware of the challenges of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.
A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional for instance, might be able to prove that your pain is caused by your service-related injury and that it is in a way limiting. They might assist you obtain the medical records that are required to support your claim.