Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. You need an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes at a price.
Class Action Settlement
According to a lawsuit filed Monday, the Department of ottawa veterans disability law firm Affairs discriminates against Black veterans in denying their disability claims at a rate which 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. Monk claims 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, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He is requesting that the VA compensate him for the benefits it has not provided him and to amend their policies on race, discharge status, and Vimeo 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. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims filed by Black Veterans in a disproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This “bad paper” kept him from receiving home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each application for benefits.
The lawsuit seeks monetary damages and also to decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women’s Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to confiscate veterans’ VA compensation to pay for child support and alimony. It’s not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans’ benefits from claims of family members and creditors with the exception of alimony and child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and winding journey.
He was denied access at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, according to 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 and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you’re thinking of appealing a decision, it is important to appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an impartial hearing.
A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence when needed. A lawyer who knows the VA’s challenges can be more sympathetic to your circumstance. This could be a great asset 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 properly classified their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A professional attorney will also be able to work with medical experts to provide additional proof of your medical condition. A medical professional is one example. They may be able to prove that your pain is a result of your service-related injury, and is debilitating. They might be able assist you in getting the medical records required to support your claim.