Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled
veterans disability attorney to earn money often use their benefits. You require an attorney who 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 collision has won an important victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that 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 documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back for benefits it has deprived him 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 via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white
veterans disability lawyers from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on 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 vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and
Veterans Disability Lawsuits equipment to battle zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatic memories with each application and re-application for benefits the suit claims.
The lawsuit seeks financial damages and seeks to have the court order the VA to examine its systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them deserve truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult path.
He was denied access at the rate of significantly more than white people. The discrimination was racial and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit 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 similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A lawyer who is qualified is able to examine the evidence used to justify your claim and present additional evidence and documentation should it be required. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This could be a great advantage in the appeals process.
A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your medical condition. 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 that it is causing impairment. They might be able assist you in obtaining the medical records needed to support your claim.