Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit disabled veterans to make money frequently use their benefits. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. But it comes with a huge price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He demands that the agency reimburse him for benefits he has been deprived of and to alter its policies regarding race discharge status, discharge status, and denial rates.
Monk and the
veterans disability law firm Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination in PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honourable. 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 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 harm from reliving some of his most painful memories through each application and re-application, the suit claims.
The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to look into systems-wide PTSD bias. It is the latest effort 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 about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members other than alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, however was discharged that was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long, winding road.
He was denied at a rate 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 alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other
veterans disability attorneys similar to him.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. If you are considering appealing a decision, it is important that you do so in the earliest time possible. An experienced lawyer in appeals for veterans disability can help ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.
A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence when needed. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This can be an important asset in your appeals.
A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified attorney will also be able work with medical experts to provide additional evidence of your health condition. For instance medical experts could be able to prove that the pain you experience is a result of your service-related injury and that it is causing impairment. They might be able assist you in getting the medical evidence you need to support your claim.