Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability
LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is the reason you need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision which killed dozens has been awarded a significant victory. However, it comes with a hefty price tag.
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 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. According to records obtained by Monk, the Yale Law School
veterans disability attorneys Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA repay him for the benefits he has been deprived of, and to modify its policies on 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving the most painful memories with every application for benefits.
The lawsuit seeks financial compensation and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims made by family members and creditors in the case of child support and alimony.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding road.
He was denied services at a rate significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar
veterans disability lawyers.
Appeals
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 important to appeal a decision as soon as you can. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.
A licensed lawyer can examine the evidence used to support your claim and, if necessary, submit new and additional proof. The lawyer will also understand the challenges involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a significant advantage in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able of working with medical experts to provide additional proof of your condition. For example medical experts might be able demonstrate that the pain you experience is a result of your service-connected injury and is causing impairment. They might be able assist you in obtaining the medical records needed to support your claim.