Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make profits often make use of their benefits. You need an attorney that is licensed to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash which killed dozens has won a significant victory. However, it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black
veterans disability attorney 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. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives, employment, and education. He wants the VA to pay him back the benefits they have denied him, and to modify their policies on race, 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white
veterans disability attorneys.
Discrimination due to PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages and asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who are their companions deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most common myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors in the case of alimony and child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied benefits at an amount that was significantly higher than his white peers. The discrimination was racial and widespread, as per the lawsuit filed on his behalf by the National
veterans disability Lawsuit 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 deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as swiftly as you are able. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal meets all the requirements and you are given a fair hearing.
A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. The lawyer will also understand the difficulties of dealing with the VA, and this can increase the level of empathy for your situation. This can be an important asset in your appeals.
One of the main reasons a veteran's disability claim is denied is due to the agency hasn't correctly characterized their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional proof of your medical condition. For instance, a medical expert might be able prove that the pain you suffer is related to your service-connected injury and is causing disability. They might be able assist you in getting the medical evidence you need to support your claim.