Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits, no title,
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney that is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won a major victory. However, it comes with a substantial 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 a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the last three decades.
Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to reimburse him for benefits it has deprived him of and to amend 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 through Freedom of Information Act request which they filed 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 to 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
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a less-than-honorable military discharge in 1971. This “bad paper” prevented him from getting aid for tuition, home loans and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit states.
The lawsuit seeks monetary damages and asks the court to require the VA to look into systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women’s Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn’t the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans’ payments from the claims of creditors and family members in the case of alimony or child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding route.
He was denied benefits at a higher 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. It claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to him.
Appeals
The VA Board of Veterans Appeals reviews claims for Veterans Disability Lawsuits benefits if the applicant is not satisfied with a decision made by the agency. It is important to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets a fair hearing.
A licensed lawyer can examine the evidence that was used to back your claim and provide additional evidence and documentation when needed. A lawyer who knows the VA’s challenges can be more understanding of your circumstance. This could be a great benefit in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional could, for instance, be able to prove that your pain is due to the injury you sustained while working and is disabling. They may also be able help you obtain the medical records needed to support your claim.