Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. This is the reason you need an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has won a major victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white
veterans disability law firms, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for benefits that it has taken him out of, and to modify its policies regarding race discharge status, discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information 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 showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination against PTSD
According to a lawsuit filed Monday,
Veterans Disability Lawsuits the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatic memories each time he applied and re-application, the suit claims.
The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. 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
People who have served in the military or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code to shield
veterans disability attorney' payments from the claims of creditors and family members except for 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
Veterans disability lawsuits equipment out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than his white peers. According to the lawsuit brought in 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. The lawsuit claims 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 who are like him.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.
A lawyer with experience can look over the evidence that supports your claim and, when necessary, submit new and additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA and this could lead to a greater level of understanding for your situation. This could be a great benefit to your appeals.
One of the most frequent reasons a veteran's disability claim is denied is because the agency has not properly described their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your condition. A medical professional is one example. They may be able to prove that your pain is a result of the injury you sustained while working and is in a way limiting. They may also be able to assist you get the medical records required to support your claim.