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 use their benefits. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier collision has won an important victory. But it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. 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 over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to pay him back the benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans disability lawsuit from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans disability lawyers.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This “bad paper” kept him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered severe emotional harm as he relived the most traumatic memories through each application and re-application to receive benefits, the suit claims.
The lawsuit seeks financial compensation and also asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women’s Action Network, veterans disability Lawsuit to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them require honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans’ compensation from claims of family members and creditors in the case of alimony or child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than his white counterparts. The discrimination was racial and pervasive, according 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 knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.
A competent lawyer will review the evidence that supports your claim, and should it be necessary, present new and additional evidence. A lawyer also knows the challenges involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be an important asset in your appeals.
A veteran’s claim for disability is usually denied due to the agency didn’t accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified attorney will be able to work with medical experts to provide additional evidence of your medical condition. A medical professional for instance, might be able to prove that your pain is caused by the injury you sustained while working and is disabled. They could be able to assist you in getting the medical records required to prove your claim.