Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is why you need an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA compensate him for benefits he has been deprived of, and to modify its policies regarding race discharge status, 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black
veterans disability attorney Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color 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 led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most painful experiences on every application for benefits.
The lawsuit seeks monetary damages and also to orally order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them require truthful information about
veterans disability lawsuit disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims made by creditors and family members with the exception of alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however was discharged that was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a higher rate than white counterparts. The discrimination was racial and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. It is important to appeal a decision as quickly as you are able. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and it gets a fair hearing.
A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present new and additional proof. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This can be a valuable asset in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is because the agency has not correctly characterized their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. A professional attorney will also be able to work with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able to demonstrate that the pain you are experiencing is due to your service-related injury and is disabled. They might be able assist you in getting the medical records you require to support your claim.