Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. You need an attorney that is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has won a major victory. However, it comes with a hefty price tag.
Class Action Settlement
The Department of
veterans disability lawyer Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School
veterans disability lawyer Legal Services Clinic.
Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He demands that the agency compensate him for benefits he was deprived of and to alter its policies regarding race discharge status, discharge status, and denial rates.
Last 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 submitted 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 receive an application for disability 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 due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories through each application and re-application, the suit claims.
The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them need truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and family members, except for alimony and child support.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, however he received a discharge that was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied services at an amount that was significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.
A qualified lawyer can review the evidence that supports your claim and, should it be necessary, present new and additional proof. A lawyer will also know the difficulties of dealing with the VA and can lead to a greater level of empathy for your circumstance. This can be a significant benefit in your appeals.
One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. An experienced attorney will be able work with medical experts to provide additional proof of your medical condition. For example an expert in medicine could be able to prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may also be able assist you in obtaining the medical records needed to prove your claim.