Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money often rely on their benefits. You need an attorney that is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision which killed dozens has won a significant 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 when it denies their disability claims in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the agency to repay him for the benefits he was deprived of and to alter its policies on race discharge status, discharge status, and denial rates.
Last 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. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans disability lawsuit of color was 6.3% higher than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This “bad paper” hindered him from receiving the home loan, Veterans disability lawsuit tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. He also suffered emotional trauma from reliving some of his most traumatizing memories in each application and re-application, the suit claims.
The lawsuit seeks damages in the form of money and seeks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women’s Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform and those who are their companions deserve truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans’ VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans’ compensation from claims of family members and creditors other than alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later issued a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding path.
He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Disability lawsuit Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like him.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing a decision, it is important to appeal as soon as possible. An experienced lawyer in veteran disability appeals can help you ensure that your appeal is in line with all requirements and ensure that you are given a fair hearing.
A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and could result in a greater degree of understanding for your situation. This can be a huge advantage during your appeals procedure.
A veteran’s claim for disability is usually denied due to the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A lawyer who is qualified will be able of working with medical specialists to provide additional evidence of your situation. A medical expert could, for instance, be able to demonstrate that your pain is a result of your service-related injury, and is disabling. They might assist you obtain the medical records required to support your claim.