Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled
veterans disability attorney to earn profits often make use of their benefits. This is why you should hire an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed a number of people has been awarded a significant victory. But it comes with a hefty cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the VA to reimburse him for the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.
The lawsuit seeks financial damages and wants the court decide to require the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them require honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied access at an amount that was significantly higher than white people. 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 disability law firm was systematic and widespread. It claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like him.
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 fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.
A licensed lawyer can examine the evidence that was used to back your claim and provide additional evidence should it be required. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This can be an invaluable advantage during your appeals procedure.
A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A qualified 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 of working with medical specialists to provide additional proof of your health condition. For instance an expert in medicine might be able demonstrate that the pain you feel is related to your service-connected injury and is disabling. They may be able to assist you in obtaining the medical records needed to support your claim.