veterans disability lawsuit Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability
LawsuitsAttorneys who profit from veterans with disabilities to make profits often make use of their benefits. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and
lawsuits other black veterans to suffer in ways that have affected their health, home work, education and employment. He is requesting that the VA reimburse him for benefits he has been deprived of and to alter its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black
veterans disability law firms Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move equipment and troops 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 not honorable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most painful experiences on every application for
Lawsuits benefits.
The lawsuit seeks financial damages and also to decide to require the VA to examine its systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims by creditors and family members in the case of child support and alimony.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than white peers. This discrimination against Blacks was systematic and widespread, as per 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 and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.
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 soon as you can. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and that it gets a fair hearing.
A licensed lawyer can examine the evidence that supports your claim and, when necessary, submit additional evidence. A lawyer also knows the challenges of dealing with the VA, and this can create a higher level of empathy for the situation. This can be a significant benefit in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't correctly classified their condition. A skilled attorney will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified attorney will be able to work with medical professionals to provide additional proof of your medical condition. For example an expert in medical practice might be able prove that the pain you experience is a result of your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical records you require to support your claim.