Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. This is why you should hire an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes with an expense.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly 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 greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. Monk wants the VA to reimburse him for benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 likely to be granted an application for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination against PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories in each application and re-application to receive benefits, the suit claims.
The lawsuit seeks monetary damages and wants the court decide to require the VA to review the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that state courts can take away
veterans disability law firm' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members in the case of alimony or child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at an amount that was significantly higher 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 claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
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 are considering appealing an agency decision, it's essential to do so as soon as you can. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and ensure that you are given a fair hearing.
A competent lawyer will review the evidence used to support your claim, and when necessary, submit additional and more convincing evidence. The lawyer will also understand the challenges involved in dealing with the VA and can result in a greater degree of understanding for your situation. This can be a significant benefit in your appeals.
One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will be able of working with medical specialists to provide additional proof of your situation. A medical professional, for example, may be able show that your pain is caused by the injury you sustained while working and is disabling. They might also be able to help you get the medical records that are needed to support your claim.