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 money frequently use their benefits. You need an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes with an expense.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the agency to repay him for the benefits it has deprived him of and to amend its policies on race discharge status, 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 via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white
veterans disability lawsuit between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was 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, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides 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 damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than 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 his discharge. He was awarded full benefits both in 2015 and in 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving the most painful memories with every application for benefits.
The lawsuit seeks damages in the form of money, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but then his discharge was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied at the rate of significantly more than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black
veterans disability lawsuit. It seeks to redress Monk and other veterans like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing the decision, it is important that you do so as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.
A qualified lawyer can review the evidence that was used to support your claim and submit additional evidence in the event of need. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This can be an important advantage in your appeals.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your situation. A medical professional for instance, might be able to prove that your pain is a result of your service-related injury and is disabling. They may also be able to help you obtain the medical records required to prove your claim.