Nicolas Levy asked 2 months ago
Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a cash cow. This is the reason you need an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed a number of people has a huge victory. However, it comes with a substantial price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the VA to pay him back the benefits they have denied him, and to modify their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National veterans disability law firm Council for Legal Redress and veterans Disability lawsuits the Black Veterans Project. This data showed that Black veterans disability attorneys were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.
PTSD Discrimination
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education 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 denied claims filed by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. The “bad paper” kept him from obtaining the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatizing memories with each application and re-application, the suit says.
The lawsuit is seeking monetary damages and wants the court require the VA to review systems-wide PTSD bias. This is the latest attempt by groups like 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
Those who have served our nation in uniform and those who are their companions deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn’t the case. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans’ benefits from claims of family members and creditors with the exception of alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied access at an rate that was much higher than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and Veterans Disability Lawsuits failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you can. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is in line with all requirements and you are given a fair hearing.
A lawyer with experience can look over the evidence that supports your claim and, when necessary, submit new and additional evidence. A lawyer also knows the difficulties involved in dealing with the VA and can increase the level of understanding for your situation. This can be a huge asset in your appeals process.
A veteran’s claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you’re entitled to. A professional attorney will also be able work with medical experts to provide additional proof of your condition. A medical professional for instance, might be able to prove that your pain is caused by your service-related injury and is debilitating. They may also be able assist you in getting the medical records required to prove your claim.