Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. This is why you require an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won an important victory. But it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of
veterans Disability Lawsuit Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to the agency's records obtained by Monk and
veterans disability lawsuit the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA compensate him for the benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.
In the past 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 data revealed that Black veterans were statistically less likely to be granted a disability claim 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 disability lawsuit.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites 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 damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages and seeks to have the court order the VA to examine its systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them require truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.
Conley Monk, who volunteered 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 several medals, but later his discharge was not a prestigious one because there were two battles because of a post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied benefits at an rate that was much higher than his white peers. 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 racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. It is crucial to appeal a decision as swiftly as you are able. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal is in line with all the requirements and it receives a fair hearing.
A licensed lawyer can examine the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstance. This could be a great asset in your appeals process.
A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your health condition. For instance an expert in medical practice might be able demonstrate that the pain you suffer is a result of your service-related injury and that it is causing you to be disabled. They may also be able assist you in getting the medical records required to prove your claim.