by Porfirio DailyVeterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
veterans disability lawyers with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you require an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision that killed a number of people has won a major victory. However, it comes with an expense.
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, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. Monk wants the VA to reimburse him for the benefits it has denied him, and to alter their policies on race, discharge status, and 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 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 an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied 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 provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This “bad paper” prevented him from getting home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered severe emotional harm as he relived the most traumatic memories each time he applied and re-application for benefits the suit states.
The lawsuit seeks monetary damages and also asks the court’s order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women’s Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied those who served in the military, need to know 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 to pay alimony or child support orders in state courts. This isn’t the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans’ payments from the claims of creditors and family members other than alimony and child support.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and arduous journey.
He was denied benefits at a much greater rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to confront decades of discrimination affecting 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 is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.
A competent lawyer will review the evidence that supports your claim, and if needed, provide new and additional evidence. A lawyer also knows the difficulties of dealing with the VA and this could increase the level of empathy for your situation. This could be a great benefit to your appeals.
One of the most frequent reasons that a veteran’s claim for disability can be denied is because the agency hasn’t correctly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your situation. A medical professional is one example. They may be able show that your pain is due to the injury you sustained while working and is disabled. They might also be able help you obtain the medical records that are needed to support your claim.