Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (
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Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you require 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 disorders linked to a fatal air carrier collision has won an important victory. However, it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black
veterans disability lawsuit in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.
Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. Monk wants the VA to compensate him for benefits he was deprived of and to change its policies on race discharge status, discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination due to PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial damages, and wants the court to require the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members with the exception of alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and arduous road.
He was denied benefits at a greater rate than his white peers. This discrimination against blacks was widespread and widespread, 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 knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. If you're considering appealing an appeal, it's essential to do so as soon as possible. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal meets all the requirements and that it receives a fair hearing.
A competent lawyer will review the evidence used to support your claim, and if necessary, submit new and additional proof. A lawyer who knows the VA's challenges can be more understanding of your circumstance. This can be an important advantage in your appeals.
A veteran's claim for disability is usually rejected because the agency didn't 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 qualified attorney will be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert, for example, may be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They may also be able assist you in getting the medical records you require to support your claim.