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. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won an important victory. However, it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying 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. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to reimburse him for the benefits it has denied him and to amend 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 information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit claims.
The lawsuit seeks monetary damages and also to require the VA to examine its the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims by creditors and family members, except for alimony and child support.
Conley Monk, a 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 numerous medals for his service, but was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than his white counterparts. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you can. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal meets all requirements and it is heard in a fair manner.
A lawyer who is qualified will be able to review the evidence used to back your claim and provide additional evidence, in the event of need. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstances. This could be a valuable benefit in your appeals process.
A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. A professional attorney will also be able to work with medical professionals to provide additional proof of your condition. For instance medical experts might be able prove that the pain you experience is a result of your service-connected injury and that it is causing impairment. They might also be able help you obtain the medical records needed to support your claim.