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 to make a profit. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies 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 records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black
veterans disability lawsuit to be affected in ways that have affected their health, home, employment and education. Monk wants the VA to repay him for the benefits he has been deprived of, and to modify its policies regarding race as well as 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 by way of Freedom of Information Act requests which they submitted 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 from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of the most painful memories with each application for benefits.
The lawsuit is seeking monetary damages and
Veterans Disability Lawsuit asks the court to require the VA to examine the systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
veterans disability lawyers who have served our country in uniform or those who accompany them require truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims by family members and creditors in the case of alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for
veterans disability Lawsuit his service, but he was later issued a less-than-honorable discharge after he got involved in two fights triggered 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 services at a rate significantly higher than white people. This discrimination against blacks was widespread and pervasive, 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 but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's essential to do so immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives a fair hearing.
A licensed lawyer can examine the evidence used to justify your claim and present new and additional evidence should it be required. The lawyer will also understand the challenges involved in dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.
One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will be able to consult with medical professionals to provide additional proof of your condition. For instance an expert in medicine could be able to prove that the pain you feel is a result of your service-connected injury and that it is causing you to be disabled. They may also be able help you get the medical records needed to support your claim.