veterans Disability lawsuits (
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Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has won a major victory. However, it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He is requesting that the VA compensate him for the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made 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 between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.
He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatizing memories in each application and re-application, the suit claims.
The lawsuit is seeking monetary damages and asks the court to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but later his discharge was not honorable as the two battles he endured were due to an undiagnosed post-traumatic disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding route.
He was denied benefits at a higher rate than white counterparts. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on his behalf by the National
veterans disability law firm 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 confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to him.
Appeals
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're considering appealing a decision, it is crucial to file an appeal immediately. An experienced lawyer in appeals for disabled
veterans disability lawyer will help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.
A lawyer with experience can look over the evidence used to prove your claim, and if necessary, submit new and additional proof. A lawyer will also know the difficulties of dealing with the VA and this could create a higher level of empathy for your situation. This could be a great advantage in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. For example medical experts could be able to prove that the pain you suffer is a result of your service-related injury and is causing you to be disabled. They might also be able to assist you get the medical records that are required to prove your claim.