Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is the reason you need an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision which killed dozens has won a major victory. However, it comes with cost.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans disability attorney (
more resources). 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 greater rate than white
veterans disability lawsuit in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for benefits it has deprived him of, and to modify its policies on race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with every application for benefits.
The lawsuit seeks financial damages and also asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by creditors and family members including child support and alimony.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but then he received a discharge that was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at the rate of significantly more than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on his behalf 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 justice for Monk and other 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're considering appealing an appeal, it's essential to do so as soon as possible. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal meets all the requirements and it receives a fair hearing.
A licensed lawyer can examine the evidence used to prove your claim and then submit additional evidence and documentation should it be required. A lawyer who knows the challenges of the VA will be more understanding of your situation. This could be a great benefit in your appeals process.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified attorney will also be able work with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able to demonstrate that the pain you are experiencing is due to your service-related injury and is disabled. They may be able to assist you in getting the medical evidence you need to support your claim.