Veterans Disability
Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from
veterans disability attorneys with disabilities to make profits often make use of their benefits. You need an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won an important victory. But it comes with cost.
Class Action Settlement
The Department of
veterans disability lawyer Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.
Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives, employment, and education. He wants the agency to compensate him for benefits he was deprived of and to alter its policies regarding 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 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 the right to claim disability benefits than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not honourable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered emotional trauma from reliving some of his most traumatizing memories through each application and re-application for benefits the suit says.
The lawsuit seeks monetary damages and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by family members and creditors including child support and alimony.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. 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 much greater rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. It is essential to appeal a decision as quickly as you are able. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and it is heard in a fair manner.
A lawyer with experience can look over the evidence that supports your claim, and should it be necessary, present additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This can be a valuable benefit to your appeals.
One of the most frequent reasons that a veteran's claim for disability is denied is because the agency has not correctly described their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your situation. For example an expert in medical practice might be able demonstrate that the pain you experience is related to your service-connected injury and is causing you to be disabled. They might be able assist you in obtaining the medical records needed to prove your claim.