Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money frequently use their benefits. You should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won an important victory. However, it comes with a huge price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.
Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He demands that the agency reimburse him for benefits it has deprived him of and to amend its 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 information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black
Veterans Disability Lawsuit in adisproportionate way.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of 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 not acceptable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatic memories in each application and re-application for benefits, the suit states.
The lawsuit seeks damages in the form of money and also asks the court to order 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 force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors other than alimony and child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but then he received a discharge that was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and arduous journey.
He was denied benefits at a rate significantly higher than his white peers. 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 discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and failed to address decades of discrimination against Black
veterans disability attorneys. It seeks justice for Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. If you are considering appealing an appeal, it's crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A competent lawyer will review the evidence used to prove your claim, and should it be necessary, present new and additional proof. A lawyer also knows the difficulties involved in dealing with the VA, and this can create a higher level of understanding for your situation. This can be an invaluable benefit in your appeals process.
One of the most common reasons that a veteran's claim for disability is denied is because the agency has not properly classified their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A qualified attorney will be able work with medical experts to provide additional evidence of your condition. For example an expert in medicine could be able to prove that the pain you feel is a result of your service-related injury and is causing disability. They may also be able assist you in obtaining the medical records needed to prove your claim.