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 way to earn money. You should hire an attorney who 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 crash has clinched an important victory. However, it comes with the cost of.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black
veterans disability attorneys 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. He claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He would like the VA to reimburse him for the benefits it has not provided him and to amend their policies regarding race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 likely to be granted an application for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.
He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional harm as he relived the most traumatic memories in each application and re-application for benefits, the suit states.
The lawsuit seeks monetary damages and also to orally order the VA to examine its the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the
veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by creditors and family members in the case of alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but then was discharged that was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied at the rate of significantly more than white people. The discrimination was racial 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 did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. If you're thinking of appealing an appeal, it's important that you do so as soon as possible. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal meets all the requirements and that you are given a fair hearing.
A lawyer with experience can look over the evidence to support your claim, and if necessary, submit new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This could be a great advantage in your appeals.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your medical condition. For instance an expert in medical practice could be able to prove that the pain you experience is a result of your service-related injury and that it is disabling. They may be able to assist you in getting the medical records you require to support your claim.