Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed a number of people has a huge victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying 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. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.
Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. 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.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black
Veterans Disability Attorney Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.
PTSD Discrimination
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black
veterans disability lawsuit. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with each and every application for benefits.
The lawsuit is seeking monetary damages and also to orally order the VA to examine its 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 long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them require truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most popular myths is that
veterans disability lawyers can get their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by creditors and family members including alimony and child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and arduous road.
He was denied benefits at a much higher rate than white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
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. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.
A qualified lawyer can review the evidence to support your claim and, if necessary, submit new and additional proof. A lawyer also knows the challenges involved in dealing with the VA and can lead to a greater level of empathy for the situation. This could be a great advantage in the appeals process.
One of the most common reasons a veteran's disability claim is denied is due to the agency has not properly classified their condition. An experienced attorney will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able to prove that your pain is a result of your service-related injury, and is in a way limiting. They might also be able help you get the medical records required to support your claim.