Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled
veterans disability law firm to earn profits often make use of their benefits. This is why you should hire an attorney that is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. But it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a 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 documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.
Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He demands that the agency reimburse him for benefits that it has taken him out of, and to modify its policies on race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results 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% higher for black veterans than it was for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- 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 that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most painful memories in each application and re-application for benefits the suit states.
The lawsuit seeks monetary damages and also asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members other than alimony and child support.
Conley Monk, a 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 received several medals for his service, but was later awarded a less than honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and difficult route.
He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and pervasive, according 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 knew about and failed to deal with decades of discrimination against Black
veterans disability lawsuit. It seeks justice for Monk and other veterans who are like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.
A licensed lawyer can review the evidence used to back your claim and provide additional evidence, in the event of need. The lawyer will also be aware of the challenges of dealing with the VA and this could result in a greater degree of empathy for the situation. This could be a great advantage during your appeals procedure.
One of the most frequent reasons a veteran's disability claim can be denied is because the agency hasn't properly described their condition. A qualified 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 work with medical professionals to provide additional evidence of your condition. For example medical experts might be able prove that the pain you suffer is related to your service-connected injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.