Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits to make a profit. This is why you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. However, it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to 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, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.
Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He demands that the agency compensate him for benefits that it has taken him out of and to amend its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that 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 an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black veterans in adisproportionate manner.
Conley Monk decided to join 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. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This “bad paper” hindered him from receiving home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse 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 claims that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.
The lawsuit seeks financial compensation, and wants the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women’s Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
veterans disability attorneys who have served our country in uniform or who accompany them deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans’ VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans’ compensation from claims brought by creditors and family members in the case of child support and alimony.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at an amount that was significantly higher than his white peers. According to the lawsuit filed 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. It claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
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’re thinking of appealing an agency decision, it’s essential to do so as soon as possible. An experienced lawyer in veteran disability appeals can help you ensure that your appeal meets all the requirements and it gets a fair hearing.
A licensed lawyer can examine the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and can result in a greater degree of empathy for the situation. This can be a significant advantage in your appeals.
One of the most frequent reasons that a veteran’s claim for disability can be denied is because the agency has not properly described their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A professional attorney will also be able to work with medical experts to provide additional evidence of your condition. For instance medical experts may be able to show that the pain you feel is a result of your service-related injury and that it is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.
