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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is why you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on 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 much higher rate than white veterans in the last three decades.
Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA reimburse him for benefits that it has taken him out of and to change its policies regarding race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination against PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for Veterans Disability Lawsuits benefits.
The lawsuit seeks monetary damages and 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 the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans can get their VA compensation garnished in order 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 protect veterans disability lawyers' payments from claims by creditors and family members with the exception of alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and arduous road.
He was denied at an rate that was much higher than white people. The discrimination was racial and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you are able. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal meets all requirements and ensure that it is heard in a fair manner.
A qualified lawyer can review the evidence used to prove your claim, and if needed, provide additional evidence. The lawyer will also be aware of the challenges of dealing with the VA, and this can result in a greater degree of empathy for the situation. This could be a great advantage in the appeals process.
A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will also be able to work with medical experts to provide additional evidence of your situation. For example an expert in medical practice might be able demonstrate that the pain you are experiencing is related to your service-connected injury and is causing you to be disabled. They may assist you get the medical records needed to support your claim.