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. This is why you should hire an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the agency to repay him for the benefits it has deprived him 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 data in the past year as part of a Freedom of Information Act request, which they submitted on behalf of 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
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically denied claims made by Black veterans in adisproportionate manner.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This “bad paper” prevented him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to overturn the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatizing memories in each application and re-application for benefits, the suit claims.
The lawsuit seeks financial compensation and also asks the court to require the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women’s Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who are their companions deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans disability lawyer can have their VA compensation seized in order to pay alimony or child support orders in state courts. It’s not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans’ payment against claims from family members and creditors with the exception of alimony and child support.
Conley Monk, a volunteer for his country, served 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 awarded a less than honorable discharge after he was 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 benefits at a greater rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeals
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an impartial hearing.
A lawyer with experience can look over the evidence to support your claim and, if needed, provide new and additional proof. A lawyer also knows the challenges of dealing with the VA and could create a higher level of empathy for your circumstance. This can be an invaluable asset in your appeals process.
A claim for disability from a veteran is often denied because the agency didn’t accurately describe their condition. An experienced attorney will ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your condition. For example, a medical expert may be able to show that the pain you feel is a result of your service-related injury and that it is causing impairment. They might also be able to help you get the medical records required to support your claim.