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. 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 conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.
Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He wants the agency to pay him back 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 last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white
veterans disability attorneys from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.
He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories with each application and re-application for benefits, the suit says.
The lawsuit seeks financial compensation and seeks the court's order for 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 to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform and those who accompany them need honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied at an rate that was much higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. If you're thinking of appealing a decision, it is essential to do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence, if necessary. The lawyer will also understand the difficulties involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be an important asset in your appeals.
One of the primary reasons a veteran's disability claim is rejected is because the agency has not properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A professional attorney will also be able to work with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able show that your pain is caused by your service-related injury, and is disabling. They might also be able to help you get the medical records required to prove your claim.