Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. You should hire an attorney who is licensed 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 collision has won an important victory. However, it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies 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 the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and
veterans disability lawsuits Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.
Monk who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He is requesting that the VA pay him back for benefits he has been deprived of and to change its policies regarding race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black
veterans disability lawyers Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. He also suffered emotional harm as he relived some of his most painful memories in each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and seeks to have the court order the VA to examine the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform, or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but the discharge he received was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied at an rate that was much higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for
Veterans Disability Lawsuits Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an equitable hearing.
A qualified lawyer will be able to review the evidence that was used to support your claim and submit additional evidence and documentation in the event of need. A lawyer will also know the challenges involved in dealing with the VA and could lead to a greater level of empathy for your circumstance. This can be a huge advantage in the appeals process.
One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able to work with medical experts to provide additional evidence of your medical condition. A medical professional, for example, may be able show that your pain is caused by the injury you sustained while working and is debilitating. They may also be able help you get the medical records that are required to prove your claim.