Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often rely on their benefits. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has won a major victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He wants the agency to reimburse him for benefits it has deprived him of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data 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% higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not honorable. This “bad paper” kept him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks financial damages and wants the court decide to require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who accompany them require honest answers regarding the Norwood Veterans Disability Lawyer disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can take away veterans’ VA compensation to pay for child support and alimony. This isn’t the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans’ funds from claims of creditors and family members except for alimony or child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.
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. If you are considering appealing a decision, it is crucial to file an appeal immediately. A lawyer who is experienced in appeals for disabled pulaski veterans disability lawsuit can help you ensure that your appeal meets all requirements and it is heard in a fair manner.
A competent lawyer will review the evidence used to prove your claim and, if necessary, submit new and additional proof. A lawyer who is knowledgeable about the VA’s issues can be more sympathetic to your circumstances. This can be a valuable benefit in your appeals.
One of the primary reasons a veteran’s disability claim is denied is because the agency has not correctly described their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your situation. A medical expert, for example, may be able to prove that your pain is a result of your service-related injury, and is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.
