Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often rely on their benefits. You require an attorney who is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has won a significant victory. But it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white
veterans disability attorney. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back for benefits that it has taken him out of, and to modify its policies on race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which 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. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.
The lawsuit is seeking monetary damages and asks the court to require the VA to examine its systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them need truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors other than alimony and child support.
Conley Monk, who volunteered 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 numerous medals, but was discharged that was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long, winding path.
He was denied access at an rate that was much higher than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. If you're considering appealing an appeal, it's important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an equitable hearing.
A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit additional evidence. A lawyer will also know the challenges of dealing with the VA and this could create a higher level of empathy for the situation. This could be a valuable benefit in your appeals process.
A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will also be able of working with medical professionals to provide additional proof of your situation. A medical professional, for example, may be able prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They may be able to assist you in getting the medical records required to support your claim.