Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. But it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives, employment, and
Veterans disability lawsuit education. He wants the agency to pay him back for benefits it has deprived him of and to change its policies regarding race, 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 through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.
He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. He also suffered emotional trauma from reliving the most traumatic memories in each application and re-application to receive benefits, the suit says.
The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine the systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or
Veterans Disability Lawsuit those who accompany them need honest answers about the
Veterans Disability Lawsuit disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members with the exception of alimony and child support.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at an amount that was significantly higher 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 discrimination against blacks was systematic and widespread. It alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
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. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.
A licensed lawyer can review the evidence that was used to justify your claim and present additional evidence, when needed. A lawyer who knows the VA's challenges can be more understanding of your situation. This can be a huge asset in your appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly defined their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will be able to work with medical experts to provide additional proof of your situation. For instance medical experts might be able prove that the pain you are experiencing is related to your service-connected injury and is causing disability. They could be able to assist you in getting the medical records required to prove your claim.