Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is why you should hire a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder 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 hefty cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of
veterans disability attorney Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He wants the agency to reimburse him for benefits he was deprived of and to amend its policies regarding race, discharge status and denial rates.
In the past 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 disability law firm Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial compensation and asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform, or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans 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 designed Title 38 of the U.S. Code to shield veterans' payment from claims brought by family members and creditors with the exception of alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult route.
He was denied benefits at a higher rate than his white counterparts. The discrimination was racial and pervasive, 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 lawsuit claims that the VA did not know 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 disability lawyers Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing a decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.
A licensed lawyer will be able to review the evidence used to prove your claim and then submit additional evidence if necessary. The lawyer will also understand the challenges of dealing with the VA, and this can increase the level of empathy for the situation. This can be an invaluable asset in your appeals process.
One of the most frequent reasons a veteran's disability claim is denied is due to the agency has not properly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified attorney will be able to work with medical professionals to provide additional evidence of your condition. For instance an expert in medical practice may be able to show that the pain you feel is due to your service-related injury and is causing disability. They may also be able assist you in getting the medical evidence you need to prove your claim.