Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. You should hire an attorney who is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash which killed dozens has a huge victory. However, it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which 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 records obtained by Monk and the Yale Law School
veterans disability lawsuit Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He would like the VA to pay him back the benefits that it has denied him, and to modify their policies regarding 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 that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability 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 basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have rejected claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.
The lawsuit seeks financial damages, and wants the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims by creditors and family members with the exception of child support and alimony.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It alleges that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. If you're thinking of appealing a decision, it is important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.
A licensed lawyer can review the evidence that was used to prove your claim and then submit additional evidence, should it be required. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This could be a great advantage during your appeals procedure.
One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't properly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional evidence of your medical condition. A medical professional is one example. They may be able show that your pain is a result of the injury you sustained while working and is disabling. They may also be able to help you get the medical records required to prove your claim.