Veterans Disability Lawsuits - 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 as a cash cow. This is why you require a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. But it comes with the cost of.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. 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 VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He is requesting that the VA reimburse him for the benefits they have denied him and to change their policies on race, discharge status, and denial rates.
In the past 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving the most painful memories with each application for benefits.
The lawsuit seeks monetary damages and asks the court to orally order the VA to look into the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment against claims from creditors and family members including child support and alimony.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then the discharge he received was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied at an rate that was much 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 disability lawyer Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to him.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing an appeal, it's important to appeal as soon as you can. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.
A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit new and additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA, and this can create a higher level of understanding for your situation. This can be a huge asset in your appeals process.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will also be able work with medical experts to provide additional evidence of your medical condition. For example an expert in medicine may be able to show that the pain you suffer is a result of your service-connected injury and is causing you to be disabled. They could be able to assist you in getting the medical evidence you need to prove your claim.