Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to make profits often make use of their benefits. You should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has won a significant victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying 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 Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He wants the agency to pay him back for benefits he was deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have denied claims filed by Black Veterans in adisproportionate way.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories in each application and re-application for benefits the suit states.
The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims made by creditors and family members in the case of alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied access at a rate significantly higher than white people. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf by the National
veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.
A qualified lawyer can review the evidence that supports your claim and, when necessary, submit new and additional proof. A lawyer also knows the difficulties of dealing with the VA and could result in a greater degree of empathy for the situation. This could be a great asset in your appeals.
One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional proof of your health condition. A medical expert for instance, might be able to demonstrate that your pain is due to your service-related injury and is in a way limiting. They might also be able to help you get the medical records that are needed to support your claim.