Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an air carrier crash that claimed the lives of dozens has a huge victory. However, it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records 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 in the last three decades.
Monk, a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans disability lawyer to be affected in ways that have affected their health, homes as well as their education, employment and home. He would like the VA to compensate him for the benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted 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 be granted a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This “bad paper” kept him from receiving home loans as well as tuition aid and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories in each application and re-application for benefits the suit says.
The lawsuit seeks monetary damages and asks the court’s order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women’s Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or those who accompany them require honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It’s not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members including alimony and child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding path.
He was denied benefits at a much more frequent 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as swiftly as you are able. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal complies with all requirements and it is heard in a fair manner.
A lawyer with experience can look over 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 can increase the level of empathy for your situation. This can be a huge advantage in the appeals process.
One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn’t properly characterized their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your situation. A medical expert could, for instance, be able to demonstrate that your pain is a result of your service-related injury, and is in a way limiting. They could be able to assist you in getting the medical records required to support your claim.
