Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to earn money often use their benefits. This is the reason you need an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has been awarded a significant victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by 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. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.
Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency reimburse him for benefits that it has taken him out of, and to modify its policies regarding race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 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 suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not an honorable. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He sued the military to rescind the discharge, and received a full 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 suffered emotional harm by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks monetary damages and wants the court orally order the VA to review systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them require honest answers about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that
veterans disability attorney may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous path.
He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. It is important to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all requirements and it receives a fair hearing.
A competent lawyer will review the evidence to support your claim and, should it be necessary, present new and additional evidence. A lawyer who understands the VA's issues can be more understanding of your situation. This can be a huge asset in your appeals process.
One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your condition. A medical expert is one example. They may be able prove that your pain is a result of your service-related injury and that it is disabling. They may also be able help you get the medical records that are required to support your claim.