Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle atlanta veterans disability law firm Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits to make a profit. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has won a major victory. But it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate 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 alleges that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, their home lives, employment, and education. He would like the VA to compensate him for the benefits it has denied him, and to alter their policies on race, 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 which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans disproportionately.
Conley Monk was a volunteer 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 that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This “bad paper” prevented him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm as he relived the most traumatic memories each time he applied and re-application for benefits the suit says.
The lawsuit seeks financial compensation, and wants the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women’s Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that the state courts can take away veterans’ VA compensation to pay for child support and alimony. This isn’t the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans’ compensation from claims by family members and creditors, except for child support and alimony.
Conley Monk, who volunteered for his country, served 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 service, but was later awarded a less than honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and difficult journey.
He was denied benefits at a much higher 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 Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black Tullahoma veterans Disability attorney. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. If you’re thinking of appealing an agency decision, it’s important to appeal in the earliest time possible. A lawyer who is experienced in appeals to veterans’ disability cases can help you ensure that your appeal is in line with all the requirements and it gets a fair hearing.
A lawyer with experience can look over the evidence to support your claim and, should it be necessary, present additional evidence. A lawyer will also know the challenges of dealing with the VA and can increase the level of empathy for the situation. This can be a huge advantage during your appeals procedure.
One of the primary reasons a veteran’s disability claim is denied is because the agency has not properly described their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A qualified lawyer will be able to collaborate with medical professionals to provide additional proof of your condition. For instance an expert in medicine might be able prove that the pain you feel is related to your service-connected injury and is causing disability. They may assist you obtain the medical records required to prove your claim.