Petra Wootton asked 1 year ago
Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities to make money often use their benefits. This is the reason you need an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an air carrier crash that killed dozens of people has won a major victory. However, it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability compensation by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the VA to reimburse him for the benefits it has not provided him and to amend their policies on race and discharge status as well as denial rates.
Last year, Monk and Veterans Disability Compensation the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the 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 claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans disability case of color was 6.3% higher than for white veterans disability compensation.
Discrimination is based on 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 led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops 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” kept him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. He also suffered significant emotional harm as he relived some of his most painful memories each time he applied and re-application for benefits, the suit states.
The lawsuit is seeking monetary damages and asks the court to order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women’s Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who accompany them deserve truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to take away veterans disability attorneys‘ VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans’ funds from claims of family members and creditors other than alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but then he received a discharge that was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.
He was denied benefits at the rate of significantly more than white people. According to the lawsuit filed 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. The suit 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 similar veterans.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is essential to do so in the earliest time possible. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and it is heard in a fair manner.
A qualified lawyer is able to examine the evidence that was used to support your claim and submit new and additional evidence when needed. A lawyer who understands the VA’s issues can be more understanding of your circumstances. This could be a great asset in your appeals.
One of the most common reasons that a veteran’s claim for disability can be denied is because the agency has not properly classified their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your situation. For instance, a medical expert might be able prove that the pain you experience is due to your service-related injury and that it is causing disability. They may also be able to help you get the medical records that are required to support your claim.