veterans disability lawsuits (
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Attorneys who exploit disabled veterans to make money frequently use their benefits. This is why you should hire a attorney who is accredited to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal air carrier collision has won an important victory. However, it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black
veterans disability lawsuit by refusing their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the agency to pay him back for benefits that it has taken him out of and to amend 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 data in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the 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 due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He sued the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatizing memories through each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and also to orally order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them require honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied services at the rate of significantly more than white people. This racial discrimination was systemic 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. It alleges that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.
A qualified lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation should it be required. The lawyer will also understand the difficulties of dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a huge benefit in your appeals process.
One of the primary reasons a veteran's disability claim is rejected is because the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical specialists to provide additional proof of your medical condition. For instance medical experts may be able to show that the pain you feel is a result of your service-connected injury and that it is causing impairment. They may assist you get the medical records that are required to prove your claim.