Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (
www.mecosys.Com)
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is why you require an attorney who is licensed 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 crash has clinched an important victory. However, it comes with a hefty cost.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white
veterans disability law firms in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination by VA has led him, and 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 pay him back for benefits it has deprived him 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 data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most painful memories through each application and re-application, the suit states.
The lawsuit seeks financial compensation and also asks the court to direct the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them deserve honest answers about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied access at an rate that was much higher than white people. This discrimination against Blacks was systematic 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. It asserts that the VA was aware of but did not confront decades-old discrimination against Black
veterans disability lawsuit. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an impartial hearing.
A lawyer with experience can look over the evidence used to support your claim, and if necessary, submit additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This could be a great benefit in your appeals process.
One of the primary reasons that a veteran's claim for disability is rejected is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A lawyer who is qualified will be able of working with medical experts to provide additional evidence of your condition. For instance, a medical expert may be able to show that the pain you feel is a result of your service-connected injury and is disabling. They might assist you get the medical records required to support your claim.