veterans disability law firms 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 cash cow. You need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. However, it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate 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. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants 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.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims submitted by Black
veterans disability lawsuit.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as 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 owes money for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most painful memories in each application and re-application to receive benefits, the suit states.
The lawsuit seeks financial damages and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors 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 financial issues. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members except for alimony or child support.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding route.
He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit filed 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 take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing an agency decision, it's essential to do so in the earliest time possible. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and it receives a fair hearing.
A qualified lawyer will be able to review the evidence used to justify your claim and present additional evidence if necessary. A lawyer also knows the difficulties of dealing with the VA, and this can create a higher level of understanding for your situation. This could be a great benefit in your appeals process.
One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly described their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified lawyer will be able to work with medical experts to provide additional proof of your condition. A medical expert, for example, may be able prove that your pain is a result of your service-related injury and is disabling. They may also be able to help you obtain the medical records that are required to prove your claim.