Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money frequently use their benefits. You require an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that killed a number of people has been awarded a significant victory. But it comes at a price.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. 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 Disability lawsuit over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back the benefits they have denied him, and to modify their policies on race, discharge status, and 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims filed by Black
veterans disability attorney in adisproportionate manner.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. The "bad paper" hindered him from receiving the home loan,
veterans disability Lawsuit tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm from reliving the most traumatic memories each time he applied and re-application for benefits the suit says.
The lawsuit seeks financial damages, and wants the court to order the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them need truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most common myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members 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-ridden transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied services at an amount that was significantly higher than his white peers. This racial discrimination was systemic and pervasive,
Veterans Disability lawsuit according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not deal with decades-long 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 claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives a fair hearing.
A licensed lawyer can examine the evidence used to support your claim, and when necessary, submit additional evidence. A lawyer who knows the VA's issues can be more understanding of your circumstances. This can be a huge advantage in the appeals process.
A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A qualified lawyer will be able to work with medical professionals to provide additional evidence of your condition. For example, a medical expert might be able demonstrate that the pain you suffer is due to your service-related injury and that it is causing impairment. They might be able assist you in obtaining the medical records needed to support your claim.