Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. You need an attorney that is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. However, it comes with a substantial price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, a former psychiatric nursing, claims that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to pay him back the benefits it has not provided him, and to alter their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white
veterans disability lawsuit.
Discrimination due to PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given a less-than-honorable military discharge in 1971. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving his most painful experiences on every application for benefits.
The lawsuit seeks financial damages and seeks to have the court require the VA to examine its systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony 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' compensation from claims of family members and creditors except for alimony or child support.
Conley Monk, who was a volunteer for his country, spent 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, but he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than 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 racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing an agency decision, it's important to appeal as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an impartial hearing.
A licensed lawyer can review the evidence that was used to prove your claim and then submit new and additional evidence when needed. The lawyer will also understand the difficulties of dealing with the VA and could lead to a greater level of empathy for the situation. This can be a huge asset in your appeals process.
One of the main reasons that a veteran's claim for disability can be denied is because the agency has not correctly described their condition. A qualified attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you require. An experienced attorney will be able work with medical professionals to provide additional evidence of your situation. For example, a medical expert may be able to show that the pain you suffer is a result of your service-related injury and is disabling. They may also be able assist you in obtaining the medical records needed to prove your claim.