Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won a major victory. However, it comes with a significant cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He is requesting that the VA reimburse him for the benefits that it has denied him, and to alter their policies on race, 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. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability 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 is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not honourable. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.
The lawsuit seeks damages in the form of money and asks the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or those who accompany them require honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield the
veterans disability law firms' compensation from claims brought by creditors and family members, except for child support and alimony.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult road.
He was denied benefits at a much more frequent rate than his white peers. The discrimination was racial and pervasive, according to the lawsuit brought on behalf of him 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 and did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is important to appeal a decision as fast as you are able. A lawyer with experience in appeals for
veterans disability law firm disability can help you ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.
A licensed lawyer can review the evidence that was used to prove your claim and then submit additional evidence when needed. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This could be a valuable 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. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional proof of your condition. A medical professional is one example. They may be able to demonstrate that your pain is caused by your service-related injury, and is disabling. They may also be able to help you obtain the medical records required to prove your claim.