Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has won a significant victory. But it comes at an expense.
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 is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He wants the agency to repay him for the benefits it has deprived him of and to change its policies on race discharge status, discharge status and denial rates.
Monk and the veterans Disability lawsuit (
Https://m1bar.Com/user/chaslecouteur7/) Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and 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. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. He also suffered severe emotional harm from reliving the most traumatic memories in each application and re-application, the suit says.
The lawsuit is seeking monetary damages and wants the court require the VA to examine the the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Veterans who have served our country in uniform or those who accompany them deserve honest answers about the
veterans disability law firm disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, however was discharged that was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and arduous path.
He was denied at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like Monk.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. If you're thinking of appealing a decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.
A lawyer with experience can look over the evidence used to support your claim and, if necessary, submit new and additional proof. A lawyer also knows the difficulties of dealing with the VA and could lead to a greater level 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 was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will be able to work with medical experts to provide additional evidence of your medical condition. For example, a medical expert might be able prove that the pain you suffer is related to your service-connected injury and is disabling. They may also be able to help you obtain the medical records that are needed to support your claim.