Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to earn money often use their benefits. This is why you require an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an air carrier crash that killed a number of people has won a major victory. But it comes with a significant price tag.
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 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 records obtained by Monk as well as the Yale Law School
veterans disability lawyers Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.
Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He would like the VA to reimburse him for the benefits it has not provided him, and to alter 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 revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. Additionally 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 that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets,
veterans disability Lawsuits as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honourable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.
He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatic memories in each application and re-application to receive benefits, the suit states.
The lawsuit seeks financial compensation and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.
He was denied at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.
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 soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.
A qualified lawyer can review the evidence that supports your claim, and when necessary, submit new and additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and can lead to a greater level of empathy for the situation. This could be a great benefit in your appeals.
A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your condition. A medical expert is one example. They may be able to demonstrate that your pain is due to your service-related injury and that it is disabling. They might be able assist you in getting the medical evidence you need to prove your claim.