Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is why you require an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an air carrier crash that killed a number of people has a huge victory. But it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a 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 the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for benefits it has not provided him and to change their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatic memories with each application and re-application to receive benefits, the suit states.
The lawsuit seeks financial compensation and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by creditors and family members, except for child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He received several medals for his service, however he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding path.
He was denied benefits at an rate that was much higher than his white peers. This discrimination against blacks was widespread and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of
veterans Disability law firms Appeals reviews claims for benefits when a claimant is not satisfied with a decision that 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 fulfills all requirements and gets a fair hearing.
A licensed lawyer is able to examine the evidence used to prove your claim and then submit new and additional evidence when needed. A lawyer also knows the difficulties of dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a huge benefit in your appeals process.
One of the most common reasons a veteran's disability claim is denied is because the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. An experienced attorney will be able to work with medical experts to provide additional evidence of your health condition. For instance an expert in medical practice may be able to show that the pain you experience is a result of your service-related injury and that it is causing disability. They might also be able to help you get the medical records that are required to support your claim.