veterans disability law firms Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money frequently use their benefits. This is why you require an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier collision has won a major victory. But it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency repay him for the benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed 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 receive the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims from Black veterans.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not an honorable. This “bad paper” kept him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages and wants the court decide to require the VA to examine the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women’s Action Network to demand the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans’ payments against claims from family members and creditors with the exception of 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 was awarded several medals, but later was discharged that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and difficult road.
He was denied benefits at a greater rate than his white peers. The discrimination was racial and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. If you’re thinking of appealing an agency decision, it’s crucial to file an appeal as soon as possible. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal complies with all requirements and it gets a fair hearing.
A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit new and additional evidence. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This could be a great asset in your appeals.
One of the primary reasons a veteran’s disability claim can be denied is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your condition. For instance an expert in medicine might be able demonstrate that the pain you feel is related to your service-connected injury and that it is causing disability. They might be able assist you in getting the medical records you require to prove your claim.
