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Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money frequently use their benefits. 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 linked to a fatal aircraft carrier crash has won a major victory. But it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per 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 documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk who is 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 or work and education. He would like the VA to pay him back the benefits they have denied him, and to alter their policies regarding race and discharge status as well as 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, veterans disability compensation which they submitted on behalf of National Veterans Council for Legal Redress and the Black veterans disability litigation Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans disability claim. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This “bad paper” kept him from receiving home loans or tuition aid, as well as other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional harm by reliving the most painful memories with each application for benefits.
The lawsuit seeks financial compensation and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them require honest answers about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that state courts are able to take away veterans’ VA compensation to pay for child support and alimony. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans disability case‘ payments from claims brought by creditors and family members including child support and alimony.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white peers. According to the lawsuit filed on his behalf by the National veterans disability legal Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.
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 essential to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.
A qualified lawyer can review the evidence used to prove your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This could be a great benefit 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 correctly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your situation. A medical professional, for example, may be able to demonstrate that your pain is due to the injury you sustained while working and is in a way limiting. They might also be able to assist you obtain the medical records required to support your claim.
