Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money often rely on their benefits. You need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a price.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in 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 over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA pay him back the benefits that it has denied him and to change their policies regarding 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 through Freedom of Information Act requests which they submitted on behalf of the National
Veterans disability Lawsuit Council for Legal Redress and 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. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination due to PTSD
The
veterans disability law firms Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.
The lawsuit is seeking monetary damages and also to decide to require the VA to examine its systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who have served our country in uniform or those who accompany them require honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than his white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit filed 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 address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. If you're thinking of appealing an appeal, it's crucial to file an appeal as soon as you can. A lawyer with experience in appeals for veterans disability can help ensure that your appeal complies with all the requirements and it gets a fair hearing.
A licensed lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA and could increase the level of empathy for your situation. This could be a great advantage in your appeals.
A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A professional attorney will also be able to work with medical professionals to provide additional proof of your health condition. A medical professional could, for instance, be able show that your pain is a result of the injury you sustained while working and is disabling. They may also be able assist you in getting the medical records you require to support your claim.