Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier collision has won an important victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which 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 the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk,
Veterans Disability Attorney he claims that the VA denied his disability claim at a higher rate than white veterans during the past three decades.
Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He wants the agency to reimburse him for benefits he was deprived of and to alter 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 by way of 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 Disability Attorney were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims filed by Black Veterans disproportionately.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most painful memories through each application and re-application for benefits, the suit states.
The lawsuit seeks financial compensation, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform, or who accompany them need honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect the
veterans disability lawyers' compensation from claims made by creditors and family members, except for child support and alimony.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but then the discharge he received was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. It was a long and difficult road to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than white counterparts. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.
Appeal
The VA Board of Veterans Appeals reviews claims for
veterans disability attorney benefits if a claimant disagrees to a decision of the agency. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an equitable hearing.
A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation in the event of need. The lawyer will also be aware of the difficulties of dealing with the VA and this could increase the level of empathy for the situation. This can be an important benefit to your appeals.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional evidence of your situation. For instance an expert in medicine may be able to show that the pain you feel is a result of your service-connected injury and is causing you to be disabled. They may be able to assist you in getting the medical records you require to prove your claim.