Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities 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 was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier collision has won a major victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.
Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and others of black veterans, to suffer in a way 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 they have 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 information 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, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than honourable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each 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 force the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or were a part of them, deserve to know the truth about
veterans disability law firm disability benefits and their influence on divorce money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members with the exception of alimony and child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied services at a rate significantly higher than white people. According to the lawsuit filed in 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 suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.
A licensed lawyer is able to examine the evidence used to support your claim and submit additional evidence and documentation if necessary. The lawyer will also be aware of the challenges involved in dealing with the VA and could create a higher level of understanding for your situation. This could be a great benefit in your appeals.
One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly characterized their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will be able of working with medical specialists to provide additional evidence of your medical condition. For instance an expert in medicine might be able demonstrate that the pain you suffer is a result of your service-related injury and is causing impairment. They may also be able help you obtain the medical records that are needed to support your claim.