Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money frequently use their benefits. This is the reason you need a attorney who is accredited to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. However, it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He wants the VA to reimburse him for the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color
Veterans Disability Lawsuits was 6.3 percent higher than white veterans.
Discrimination basing it on PTSD
The
veterans disability lawsuit Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most painful experiences on each application for benefits.
The lawsuit seeks financial damages and seeks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them require truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members other than alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but he received a discharge that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is important to appeal immediately. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and ensure that it is heard in a fair manner.
A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence and documentation should it be required. A lawyer who understands the challenges of the VA will be more understanding of your situation. This can be a valuable benefit to your appeals.
One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury and is debilitating. They may be able to assist you in getting the medical evidence you need to support your claim.