Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
veterans disability attorney Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. This is why you should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an air carrier crash which killed dozens has been awarded a significant victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black
veterans disability lawsuit in denying their disability claims in a manner that is significantly higher than white veterans. 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 and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.
Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA repay him for the benefits he has been deprived of, and to modify its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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 data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday that 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, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages and seeks the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members including alimony and child support.
Conley Monk, who was a volunteer 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, but then his discharge was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long, winding path.
He was denied benefits at a much higher rate than his white peers. This discrimination against blacks was widespread and widespread, 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 failed to confront decades-old 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 is not satisfied with a decision that the agency has made. If you're thinking of appealing a decision, it is essential to do so as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an equitable hearing.
A qualified lawyer can examine the evidence used to prove your claim and then submit additional evidence if necessary. A lawyer will also know the challenges of dealing with the VA and could create a higher level of empathy for your situation. This can be a valuable benefit to your appeals.
One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly defined their condition. A lawyer with experience 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 experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able prove that your pain is due to your service-related injury, and is disabling. They could be able to assist you in obtaining the medical records needed to support your claim.