Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from veterans with disabilities to make money often rely on their benefits. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision which killed dozens has won a significant victory. But it comes with the cost of.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, says that the discrimination by 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 is requesting that the VA compensate him for benefits it has deprived him 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 last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for
veterans disability lawsuits of color than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims from Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories with each application and re-application, the suit states.
The lawsuit seeks financial damages and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
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-related money issues. One of the most common myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors in the case of alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but the discharge he received was less than honorable because there were two battles because of a post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a greater rate than his white counterparts. 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 was aware of but did not deal with decades-long 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 person is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an equitable hearing.
A licensed lawyer will be able to review the evidence used to justify your claim and present additional evidence and documentation when needed. The lawyer will also understand the difficulties of dealing with the VA and can lead to a greater level of understanding for your situation. This could be a great asset in your appeals.
One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't correctly classified their condition. An experienced attorney can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A reputable lawyer will also be able to consult with medical professionals to provide additional evidence of your health condition. For example an expert in medicine might be able demonstrate that the pain you feel is a result of your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical records you require to support your claim.