Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money often rely on their benefits. You should hire an attorney who is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that killed a number of people has won a major victory. But it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans 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 documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white
veterans disability law firm in the last three decades.
Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. Monk wants the VA to compensate him for benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status, and denial rates.
Last 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 that they made on behalf of the 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. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.
The lawsuit seeks financial compensation and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as 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 their nation in uniform and those who accompany them require truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding road.
He was denied benefits at a much higher rate than white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National
veterans disability attorney Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.
A competent lawyer will review the evidence used to support your claim, and if needed, provide additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and could lead to a greater level of empathy for the situation. This can be a valuable benefit in your appeals.
One of the main reasons a veteran's disability claim is denied is because the agency has not properly classified their condition. A qualified attorney can 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 proof of your health condition. For example medical experts may be able to show that the pain you experience is related to your service-connected injury and is causing disability. They might assist you get the medical records that are needed to support your claim.