Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to make money often rely on their benefits. You need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. However, it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents 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 higher rate than white veterans over the past three decades.
Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency repay him for the benefits he was deprived of and to change its policies on race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through 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 the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday the
veterans disability attorney Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks damages in the form of money, and wants the court to direct the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or accompanied those who served in the military, need to know the truth about
veterans disability benefits and their impact on divorce-related money issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law 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, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long, winding path.
He was denied benefits at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf 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 and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an impartial hearing.
A qualified lawyer can review the evidence used to support your claim and, when necessary, submit new and additional evidence. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This could be a great benefit in your appeals.
A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your condition. For instance an expert in medicine could be able to prove that the pain you experience is a result of your service-related injury and that it is causing impairment. They may be able to assist you in getting the medical records required to prove your claim.