Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is the reason you need a attorney who is accredited to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won an important victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is 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, homes work, education and employment. Monk wants the VA to reimburse him for the benefits it has denied him and to amend their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white
veterans disability lawsuit.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led 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 points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He filed a lawsuit against the military to rescind the discharge and received a full range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving the most traumatic memories in each application and re-application for benefits, the suit says.
The lawsuit seeks financial damages and also 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 have served our nation in uniform and those who are their companions deserve truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims made by creditors and family members with the exception of alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding road.
He was denied benefits at a greater rate than his white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on behalf of him by the National
veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.
A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence and documentation when needed. A lawyer who is familiar with the VA's issues can be more understanding of 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 can be denied is because the agency has not properly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will be able work with medical experts to provide additional proof of your situation. For instance an expert in medicine could be able to prove that the pain you are experiencing is related to your service-connected injury and that it is causing impairment. They may also be able to help you get the medical records that are needed to support your claim.