Dyan Brough asked 1 year ago
veterans disability settlement Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is why you require 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 an important victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans disability lawsuit. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.
Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to reimburse him for benefits it has denied him and to change their policies on race, discharge status, and denial rates.
Last year, Monk and the veterans disability lawyer Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
The veterans disability claim Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not an honorable. That “bad paper” kept him from obtaining mortgages, tuition assistance and other benefits.
He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.
The lawsuit seeks monetary damages and also asks the court’s order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women’s Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who are their companions deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can confiscate veterans’ VA compensation to pay for Veterans Disability Compensation alimony and child support. This is not the case. Congress carefully designed the law in Title 38, U.S. Code to protect veterans’ compensation from claims of family members and creditors except for alimony or child support.
Conley Monk, who was a volunteer for his country, veterans disability compensation logged two years in Vietnam driving bulletproof transport vehicles and 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 when he got into two fights triggered by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than white peers. This discrimination against blacks was widespread and pervasive, 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. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. If you are considering appealing an agency decision, it’s important that you do so immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.
A lawyer with experience can look over the evidence that supports your claim, and if necessary, submit additional evidence. A lawyer who knows the VA’s challenges can be more understanding of your situation. This can be a valuable advantage in your appeals.
One of the most frequent reasons a veteran’s disability claim is denied is due to the agency hasn’t properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your health condition. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury and is disabled. They might also be able to help you get the medical records needed to support your claim.