Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is the reason you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash which killed dozens has a huge victory. But it comes with a substantial cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans disability lawsuit, 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 that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He is requesting that the VA repay him for the benefits it has deprived him of and to alter 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 through Freedom of Information Act requests, which they filed on behalf of the National veterans disability attorney Council for Legal Redress and the Black veterans disability attorneys Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given 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 sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit is seeking monetary damages and also to require the VA to review systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members in the case of alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a higher rate than his white counterparts. According to the lawsuit brought 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. The lawsuit claims that the VA knew about and Veterans disability lawsuit failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.
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 agency decision, it’s crucial to file an appeal immediately. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal meets all the requirements and that you are given a fair hearing.
A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence, should it be required. The lawyer will also understand the challenges of dealing with the VA and could increase the level of empathy for your circumstance. This can be an important benefit to your appeals.
One of the most frequent reasons that a veteran’s claim for disability is rejected is because the agency has not correctly defined their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A reputable lawyer will also be able of working with medical experts to provide additional proof of your health condition. For example medical experts could be able to prove that the pain you are experiencing is a result of your service-related injury and is disabling. They may be able to assist you in getting the medical evidence you need to support your claim.