Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money often use their benefits. This is the reason you need an attorney that is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed dozens of people has a huge victory. But it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims 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, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He demands that the agency repay him for the benefits he was deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans 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 Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.
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. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This “bad paper” kept him from receiving home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional harm by reliving the most painful memories with each application for benefits.
The lawsuit seeks monetary damages and seeks to have the court orally order the VA to look into systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women’s Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that courts in the state can take away veterans’ VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans’ payment from claims brought by family members and creditors in the case of alimony and child support.
Conley Monk, who volunteered for Veterans Disability Lawsuits his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however was discharged that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous path.
He was denied benefits at a more frequent rate than his white counterparts. According to the lawsuit filed in his behalf by the National veterans disability Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.
A licensed lawyer can examine the evidence used to prove your claim and, should it be necessary, present new and additional proof. A lawyer who understands the VA’s issues can be more understanding of your circumstances. This can be a valuable benefit to your appeals.
One of the most common reasons a veteran’s disability claim is rejected is because the agency has not properly classified their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert could be able to prove that the pain you are experiencing is related to your service-connected injury and that it is causing you to be disabled. They may be able to assist you in getting the medical records you require to support your claim.