Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuitsveterans disability attorneys with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. But it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to 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. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.
Monk, a retired psychiatric nursing, claims that discrimination from VA has led him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for benefits he has been deprived of and to change its policies regarding race as well as discharge status and denial rates.
Last 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 results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit claims that he suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks financial compensation and also asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them deserve truthful answers regarding the disability benefits of
veterans disability attorney and its impact on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by creditors and family members in the case of child support and alimony.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but later he received a discharge that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his 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 bias was systemic and widespread. The lawsuit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an equitable hearing.
A competent lawyer will review the evidence used to support your claim and, when necessary, submit additional and more convincing evidence. A lawyer who is familiar with the VA's challenges can be more sympathetic to your situation. This can be a huge advantage during your appeals procedure.
A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and
veterans Disability lawsuits rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your medical condition. A medical professional for instance, might be able show that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might also be able help you obtain the medical records required to prove your claim.