Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is the reason you need an attorney that is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. However, it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black
veterans disability law firms by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. 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 more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the agency to repay him for the benefits that it has taken him out of and to change its policies regarding 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 information through 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% higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unworthy military discharge in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He sued the military to reverse the discharge and was awarded full benefits both 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 through each application and re-application, the suit says.
The lawsuit seeks monetary damages and seeks to have the court order the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like 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 those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims brought by family members and creditors including child support and alimony.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however his discharge was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white counterparts. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the
veterans disability Lawsuit Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to address 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 claimant disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A qualified lawyer will be able to review the evidence used to prove your claim and then submit additional evidence should it be required. A lawyer who knows the VA's issues can be more sympathetic to your circumstances. This can be an invaluable asset in your appeals process.
A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert is one example. They may be able show that your pain is a result of your service-related injury and that it is disabling. They might be able assist you in obtaining the medical records needed to prove your claim.