Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to make money frequently use their benefits. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won a major victory. However, it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent 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, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He would like the VA to compensate him for the benefits they have denied him and to amend their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white
veterans disability lawyer.
Discrimination due to PTSD
According to a lawsuit filed on Monday, the
veterans disability law firms Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to his past denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.
The lawsuit seeks financial damages and wants the court orally order the VA to look into systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors except for alimony or child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied at an rate that was much 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. If you are considering appealing an agency decision, it's important to appeal as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.
A qualified lawyer can examine the evidence used to prove your claim and then submit new and additional evidence in the event of need. A lawyer also knows the difficulties of dealing with the VA and can increase the level of empathy for the situation. This could be a great benefit in your appeals process.
A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. A medical professional could, for instance, be able prove that your pain is caused by the injury you sustained while working and is disabling. They may be able to assist you in getting the medical records you require to support your claim.