Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. You require an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has a huge victory. However, it comes with a hefty 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, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to compensate him for benefits he has been deprived 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 information in the last year, thanks to a 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 revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday, the
veterans disability law firms -
aragaon.net noted - Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. He also suffered significant emotional harm as he relived some of his most traumatizing memories in each application and re-application to receive benefits, the suit says.
The lawsuit seeks financial damages and asks the court to require the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or who accompanied them, deserve to know the truth about the benefits for
veterans disability law firms with disabilities and their impact on divorce money issues. One of the most popular myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by creditors and family members with the exception of alimony and child support.
Conley Monk, 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 for his work, but he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult journey.
He was denied at the rate of significantly more than his white peers. 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. The lawsuit claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.
A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your circumstance. This could be a great asset in your appeals process.
One of the most common reasons a veteran's disability claim can be denied is because the agency has not correctly described their condition. A skilled attorney can make sure that your condition is correctly classified and rated, allowing you to get the benefits you require. A qualified lawyer will be able of working with medical experts to provide additional proof of your condition. A medical expert could, for instance, be able prove that your pain is a result of the injury you sustained while working and is disabling. They may also be able help you get the medical records that are required to support your claim.