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 as a way to earn money. This is why you require an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a substantial cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a 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. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, a former psychiatrist, says that discrimination at the hands of 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 denied him and to amend 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 data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination basing it 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 an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional trauma from reliving the most traumatic memories in each application and re-application, the suit states.
The lawsuit seeks financial damages and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or those who accompany them deserve honest answers about Veterans disability (
Pickmein.Kr) compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied access at an rate that was much higher than white people. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is essential to appeal a decision as soon as you can. A lawyer who is experienced in appeals for
veterans disability can help ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.
A competent lawyer will review the evidence used to prove your claim, and
veterans disability if needed, provide additional and more convincing evidence. A lawyer will also know the difficulties of dealing with the VA and could lead to a greater level of empathy for your circumstance. This can be a significant benefit in your appeals.
One of the primary reasons that a veteran's claim for disability can be denied is because the agency has not properly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical professionals to provide additional evidence of your condition. For example medical experts might be able prove that the pain you suffer is related to your service-connected injury and is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.