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. This is the reason you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. However, it comes at a price.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of
Veterans Disability Lawsuit -
Chunzee.Co.Kr - Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the agency to repay him for the benefits it has deprived him of and to change its policies regarding race, discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed 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 receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. 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 to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks monetary damages and wants the court order the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who accompany them deserve honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members except for alimony or child support.
Conley Monk, who was a volunteer 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 for his work, but he was later acquitted of a less honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult route.
He was denied services at an rate that was much higher than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black
veterans disability attorneys. It seeks justice for Monk and other 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're considering appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.
A licensed lawyer can examine the evidence that supports your claim, and when necessary, submit additional evidence. The lawyer will also understand the difficulties of dealing with the VA, and this can increase the level of understanding for your situation. This can be a huge advantage during your appeals procedure.
One of the most common reasons that a veteran's claim for disability is rejected is because the agency hasn't properly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you experience is related to your service-connected injury and that it is causing disability. They may also be able assist you in getting the medical records required to support your claim.