Veterans Disability Lawsuits (
Https://M1Bar.Com/User/Louvenialovelady/) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. You need an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has clinched an important victory. But it comes with a substantial cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black
veterans disability lawyers by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.
Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. Monk wants the VA to reimburse him for benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than honourable. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with every application for benefits.
The lawsuit is seeking monetary damages and wants the court require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members except for alimony or child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding route.
He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A lawyer with experience can look over the evidence to support your claim, and if needed, provide additional evidence. A lawyer will also know the challenges of dealing with the VA and can result in a greater degree of empathy for your situation. This can be a huge asset in your appeals process.
A veteran's claim for disability is often denied because the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your condition. A medical professional for instance, might be able prove that your pain is due to the injury you sustained while working and is in a way limiting. They might also be able to assist you get the medical records required to support your claim.