Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make money often use their benefits. This is why you require an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won an important victory. But it comes with a price.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School
veterans disability attorneys Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to compensate him for benefits he has been deprived of and to change its policies on race, 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 data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honourable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories in each application and re-application to receive benefits, the suit says.
The lawsuit seeks monetary damages and asks 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 pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for
veterans disability lawsuit with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but was discharged that was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous path.
He was denied benefits at a higher rate than white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed on behalf of him by the National
veterans disability law firms Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is essential to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and it gets a fair hearing.
A qualified lawyer will be able to review the evidence used to back your claim and provide additional evidence and documentation should it be required. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This can be a significant advantage in your appeals.
One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your medical condition. A medical professional is one example. They may be able show that your pain is due to the injury you sustained while working and is in a way limiting. They may also be able help you get the medical records required to prove your claim.