Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in 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, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency repay him for the benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 Independence veterans Disability lawsuit were statistically less likely to receive an appeal for disability 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 based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black church point veterans disability law firm, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims made by Black Veterans in adisproportionate way.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. The “bad paper” hindered him from receiving mortgages, 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. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits the suit says.
The lawsuit seeks monetary damages and seeks to have the court order the VA to look into systems-wide PTSD bias. It is the latest effort by groups like 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
Anyone who was in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts can take away veterans’ VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans’ funds from claims of family members and creditors with the exception of alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
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 an appeal, it’s crucial to file an appeal as soon as possible. An experienced lawyer in appeals to veterans’ disability cases can assist you in ensuring that your appeal meets all the requirements and that it is heard in a fair manner.
A qualified lawyer can review the evidence used to prove your claim, and should it be necessary, present additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA and can lead to a greater level of empathy for the situation. This could be a great benefit to your appeals.
One of the most frequent reasons that a veteran’s claim for disability is denied is due to the agency hasn’t properly defined their condition. An experienced attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able of working with medical professionals to provide additional proof of your condition. A medical professional is one example. They may be able prove that the pain you are experiencing is due to your service-related injury and that it is debilitating. They may be able to assist you in getting the medical records required to support your claim.