Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit disabled veterans to make money often rely on their benefits. You need an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash that killed a number of people has won a significant victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. 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, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.
Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He is requesting that the VA pay him back the benefits they have denied him and to change their policies on race and discharge status as well as 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black
veterans disability lawyers. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and
Veterans disability Lawsuits other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received 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 sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial compensation, and wants the court's order for the VA to review its systemic PTSD discrimination. 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 victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members except for alimony or child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, however he received a discharge that was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and winding journey.
He was denied at a rate significantly higher than white people. 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 claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans like him.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing an agency decision, it's essential to do so as soon as possible. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal meets all requirements and it gets a fair hearing.
A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present additional evidence, if necessary. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This can be a huge advantage during your appeals procedure.
A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified attorney will also be able work with medical experts to provide additional evidence of your medical condition. For example an expert in medicine could be able to prove that the pain you feel is a result of your service-connected injury and that it is causing disability. They may also be able to help you obtain the medical records required to prove your claim.