Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
veterans disability attorney Disability Lawsuits
Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you require an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won an important victory. However, it comes with a hefty cost.
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, as per the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for benefits he was deprived of and to alter its policies regarding race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National
Veterans Disability Lawsuit Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims submitted by Black Veterans disproportionately.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.
He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatic memories each time he applied and re-application, the suit states.
The lawsuit seeks damages in the form of money and seeks the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most popular myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by family members and creditors with the exception of child support and alimony.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and difficult route.
He was denied access at an rate that was much higher than white people. The discrimination was racial and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. If you are considering appealing an appeal, it's important that you do so as soon as possible. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is in line with all the requirements and that it gets a fair hearing.
A qualified lawyer can review the evidence that supports your claim and, if needed, provide new and additional proof. A lawyer who knows the VA's issues can be more sympathetic to your situation. This could be a valuable benefit in your appeals process.
One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified lawyer will also be able to collaborate with medical specialists to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical records required to support your claim.