Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (
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Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. This is why you require an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. However, it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He is requesting that the VA compensate him for the benefits it has denied him and to amend 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The
veterans disability attorney Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an 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 member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into 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 less than an honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories with each application and re-application to receive benefits, the suit states.
The lawsuit seeks financial damages and seeks to have the court require the VA to examine the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them require truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and arduous route.
He was denied at a rate 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. The suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.
A competent lawyer will review the evidence to support your claim, and if needed, provide additional evidence. A lawyer also knows the difficulties of dealing with the VA and can increase the level of understanding for your situation. This could be a great advantage during your appeals procedure.
One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert could, for instance, be able show that your pain is due to the injury you sustained while working and is debilitating. They may be able to assist you in getting the medical records required to prove your claim.