Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is the reason you need an attorney that 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 aircraft carrier crash has clinched a major victory. However, it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black wickenburg veterans disability lawsuit by refusing 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 during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to compensate him for the benefits that it has denied him and to amend their policies on 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 through Freedom of Information Act requests which they filed on behalf of the National marysville veterans Disability attorney Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims made by Black veterans in adisproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. That “bad paper” did not allow him to get the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.
The lawsuit is seeking monetary damages and also to decide to require the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that state courts can confiscate veterans’ VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans’ compensation against claims from creditors and family members in the case of child support and alimony.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but he received a discharge that was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
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. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives a fair hearing.
A competent lawyer will review the evidence used to prove your claim and, if needed, provide additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This can be an important benefit to your appeals.
One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn’t correctly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your medical condition. For instance an expert in medical practice might be able prove that the pain you experience is related to your service-connected injury and that it is causing impairment. They might be able assist you in getting the medical records you require to prove your claim.