Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
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Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is the reason you need an attorney that is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. But it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to reimburse him for benefits he was deprived of, and to modify its policies on race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks monetary damages and asks the court's order for the VA to review 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 confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
People who have served in the military or were a part of them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members, except for alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and difficult path.
He was denied benefits at a rate significantly higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on his behalf 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 did not take action to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. It is essential to appeal a decision as soon as you can. An experienced lawyer in appeals for
veterans disability lawsuit disability will help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.
A competent lawyer will review the evidence to support your claim, and if necessary, submit additional evidence. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This could be a great benefit in your appeals process.
One of the primary reasons a veteran's disability claim is rejected is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A reputable lawyer will also be able to collaborate with medical specialists to provide additional evidence of your health condition. A medical professional could, for instance, be able to demonstrate that your pain is a result of the injury you sustained while working and is debilitating. They may be able to assist you in getting the medical evidence you need to prove your claim.