by Sherry CullenVeterans 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 frequently use their benefits. You need an attorney that is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and Veterans Disability Lawsuits other mental health issues related to a fatal air carrier collision has won an important victory. However, Veterans Disability Lawsuits it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans disability attorneys. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to compensate him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This “bad paper” prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine its systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women’s Action Network to get the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who have served our nation in uniform, or who accompany them require truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted 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 accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but was discharged that was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied services at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, according to 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 did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other 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 crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an equitable hearing.
A lawyer who is qualified will be able to review the evidence used to back your claim and provide new and additional evidence if necessary. The lawyer will also be aware of the challenges of dealing with the VA and could result in a greater degree of empathy for your situation. This could be a great asset in your appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A lawyer who is qualified will be able of working with medical specialists to provide additional evidence of your situation. For example an expert in medical practice could be able to prove that the pain you are experiencing is a result of your service-connected injury and is causing disability. They might assist you obtain the medical records that are required to support your claim.