Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. You require an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won an important victory. But it comes with a huge price tag.
Class Action Settlement
The Department of
veterans disability attorneys Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He is requesting that the VA reimburse him for benefits it has denied him, and to alter their policies on race, discharge status, and denial rates.
In the past 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination basing it 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 vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatizing memories in each application and re-application, the suit says.
The lawsuit seeks financial damages and asks the court to orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for
veterans disability lawyers with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members including alimony and child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later he received a discharge that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and difficult road.
He was denied services 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, this racial bias was systemic and widespread. It claims 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 similar to Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing an agency decision, it's crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.
A licensed lawyer is able to examine the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. A lawyer will also know the challenges of dealing with the VA and this could result in a greater degree of empathy for the situation. This can be a significant asset in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will also be able to work with medical experts to provide additional proof of your medical condition. For example an expert in medicine might be able prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They might also be able to help you obtain the medical records that are needed to support your claim.