Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money often rely on their benefits. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a significant victory. But it comes with the cost of.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He would like the VA to reimburse him for the benefits they have denied him and to change 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 Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans disability law firms of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as a volunteer during 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 that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This “bad paper” prevented him from getting home loans or tuition aid, as well as other benefits.
He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatic memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit seeks damages in the form of money and seeks the court to direct the VA to review 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 survivors of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform and those who accompany them require truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. It’s not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans’ payments from claims made by creditors and family members with the exception of child support and alimony.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding route.
He was denied benefits at a much greater rate than his 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 discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you’re thinking of appealing an agency decision, it’s essential to do so immediately. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal meets all requirements and ensure that it gets a fair hearing.
A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence should it be required. The lawyer will also be aware of the difficulties of dealing with the VA and could result in a greater degree of understanding for your situation. This could be a great advantage in the appeals process.
One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly classified their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your medical condition. For veterans disability Lawsuits example an expert in medicine might be able demonstrate that the pain you suffer is a result of your service-connected injury and that it is causing disability. They might be able assist you in getting the medical records you require to support your claim.