Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit disabled veterans to earn profits often make use of their benefits. You need an attorney that is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier collision has won an important victory. But it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.
Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA pay him back the benefits that it has denied him, and to modify their policies on race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was 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 previously denied claims made by Black Veterans disproportionately.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled 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 given a discharge that was not honorable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive the most traumatic memories in each application and re-application for benefits, the suit states.
The lawsuit seeks financial damages and asks the court to order the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims by creditors and family members in the case of child support and alimony.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then his discharge was less than honorable because he had two fights because of a post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and widespread, as per 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 alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.
Appeal
The VA Board of
veterans disability law firm Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. It is essential to appeal a decision as fast as you are able. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.
A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence when needed. The lawyer will also understand the challenges involved in dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be a valuable benefit to your appeals.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your medical condition. A medical expert could, for instance, be able to demonstrate that your pain is caused by your service-related injury and that it is debilitating. They may also be able assist you in getting the medical records you require to prove your claim.