Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits to make a profit. This is why you need an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has won a significant victory. However, it comes with a huge price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the
lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the past three decades.
Monk who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He wants the agency to repay him for the benefits that it has taken him out of and to alter its policies regarding race as well as discharge status and denial rates.
In the past 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination based on PTSD
The
veterans disability lawsuit 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 access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as 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. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatizing memories in each application and re-application to receive benefits, the suit states.
The lawsuit seeks damages in the form of money and seeks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
veterans disability lawyer who have served our nation in uniform and those who accompany them require truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.
Conley Monk, a devoted 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, but later he received a discharge that was less than honorable because there were two battles because of a post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than white peers. This racial discrimination was systemic and pervasive, according 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 knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. It is important to appeal a decision as swiftly as you are able. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is in line with all requirements and it gets a fair hearing.
A lawyer with experience can look over the evidence used to prove your claim and, if needed, provide new and additional evidence. A lawyer also knows the challenges involved in dealing with the VA and this could result in a greater degree of understanding for your situation. This could be a great advantage in the appeals process.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A lawyer who is qualified will be able of working with medical specialists to provide additional evidence of your situation. A medical professional could, for instance, be able to demonstrate that your pain is a result of the injury you sustained while working and is disabled. They may also be able to help you obtain the medical records needed to support your claim.