Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is the reason you need an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to an air carrier crash which killed dozens has won a significant victory. However, it comes with an expense.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Disability Lawsuit Legal Services Clinic.
Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. Monk wants the VA to repay him for the benefits that it has taken him out of and to change its policies regarding race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a 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 previously rejected claims submitted by Black veterans disability attorneys in adisproportionate way.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That “bad paper” prevented him from getting aid for tuition, home loans and other benefits.
He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial compensation and also asks the court’s order for 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, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them need truthful information about veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans disability attorney can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans’ compensation from claims made by creditors and family members, except for child support and alimony.
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. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied at an amount that was significantly higher than his white peers. According to the lawsuit filed on 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 did not know about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you’re thinking of appealing an agency decision, it’s important to appeal immediately. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.
A licensed lawyer will be able to review the evidence used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who understands the VA’s issues can be more understanding of your circumstance. This can be a valuable benefit in your appeals.
A veteran’s claim for disability is often denied because the agency didn’t accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your condition. A medical expert could, for instance, be able show that your pain is caused by your service-related injury, and is in a way limiting. They may also be able to assist you obtain the medical records needed to support your claim.
