Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you require a attorney who is accredited to handle 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 an important victory. However, it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black vets, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to pay him back the benefits it has not provided him, and to alter their policies on race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National
veterans disability law firm Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based 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 vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit says.
The lawsuit seeks financial damages and wants the court require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding the benefits for
Veterans Disability lawsuit and their impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors with the exception of alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, however he received a discharge that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for
Veterans Disability Lawsuit Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an appeal, it's important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A lawyer with experience can look over the evidence used to support your claim and, if needed, provide new and additional proof. A lawyer who knows the challenges faced by the VA can be more sympathetic to your situation. This can be an important advantage in your appeals.
A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your health condition. For instance, a medical expert might be able prove that the pain you feel is related to your service-connected injury and is causing disability. They might be able assist you in getting the medical evidence you need to support your claim.