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 often use their benefits. You need an attorney who is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has a huge victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by 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 claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nursing, claims that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency repay him for the benefits he has been deprived of and to alter 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted 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 disability attorneys.
Discrimination due to PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honourable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits, the suit says.
The lawsuit seeks financial damages and asks the court to order the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors 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 he received a discharge that was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.
He was denied services at an rate that was much higher than white people. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed 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 but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.
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 thinking of appealing an appeal, it's important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.
A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence and documentation if necessary. The lawyer will also understand the difficulties of dealing with the VA and this could increase the level of empathy for your circumstance. This can be a huge benefit in your appeals process.
One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency hasn't properly characterized their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. An experienced attorney will be able work with medical professionals to provide additional evidence of your health condition. For example, a medical expert may be able to show that the pain you experience is due to your service-related injury and is disabling. They may assist you obtain the medical records needed to support your claim.