Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit veterans with disabilities to make money frequently use their benefits. This is why you require an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that killed dozens of people has won a significant victory. However, it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, a former psychiatrist, says that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He is requesting that the VA pay him back the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
PTSD Discrimination
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He 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. The suit claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.
The lawsuit seeks financial compensation and asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, should be aware of the truth about the benefits for
veterans disability attorney with disabilities and their influence on divorce money issues. One of the most common myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims by family members and creditors with the exception of alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but his discharge was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied services at the rate of significantly more than white people. This racial discrimination was systemic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for
Veterans Disability Lawsuits Monk and other veterans similar to Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. It is important to appeal a decision as quickly as you can. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.
A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional evidence. The lawyer will also understand the challenges of dealing with the VA and this could create a higher level of empathy for 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 denied is because the agency has not correctly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A qualified attorney will also be able work with medical experts to provide additional proof of your condition. For instance an expert in medical practice may be able to show that the pain you suffer is a result of your service-related injury and is causing you to be disabled. They may also be able help you obtain the medical records required to support your claim.