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 source of cash. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won a major victory. However, it comes with a substantial cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA compensate him for benefits he was deprived of and to change its policies on race discharge status, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through 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 be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
The
Veterans Disability Lawsuit Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have previously denied claims made by Black veterans in adisproportionate manner.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and
Veterans Disability Lawsuit in 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered severe emotional harm as he relived the most traumatic memories with each application and re-application, the suit says.
The lawsuit seeks financial damages and seeks to have the court orally order the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform and those who accompany them require truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can take away 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' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied at a rate significantly higher than white people. This racial discrimination was systemic and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you are able. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and
Veterans Disability Lawsuit you are given a fair hearing.
A qualified lawyer can review the evidence used to back your claim and provide additional evidence and documentation if necessary. A lawyer also knows the challenges involved in dealing with the VA and this could lead to a greater level of understanding for your situation. This could be a valuable benefit in your appeals process.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able to work with medical professionals to provide additional proof of your health condition. A medical expert, for example, may be able to prove that your pain is due to the injury you sustained while working and is disabling. They might be able assist you in getting the medical records you require to support your claim.