Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you should hire a attorney who is accredited to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. However, it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He wants the VA to reimburse him for benefits it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the wendell veterans disability lawyer Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white northbrook veterans disability attorney from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for clearlake veterans disability attorney of color than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led 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 indicating that VA officials have historically denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This “bad paper” kept him from receiving home loans or tuition aid as well as other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks financial damages and also to order the VA to examine its the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women’s Action Network to get the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them need truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law 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 volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and difficult road.
He was denied services at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you’re thinking of appealing an agency decision, it’s crucial to file an appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.
A lawyer who is qualified is able to examine the evidence used to back your claim and provide new and additional evidence when needed. A lawyer also knows the challenges of dealing with the VA and this could lead to a greater level of empathy for your situation. This can be a significant advantage in your appeals.
One of the most frequent reasons that a veteran’s claim for disability can be denied is because the agency has not correctly described their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your medical condition. A medical professional for instance, might be able to demonstrate that your pain is caused by your service-related injury and is disabling. They may assist you obtain the medical records that are needed to support your claim.