Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School
veterans disability lawsuit Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He is requesting that the VA reimburse him for benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed 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 be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than 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 led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatic memories with each application and re-application, the suit claims.
The lawsuit seeks monetary damages and asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as 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 disability lawsuit who were 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 misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members other than alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but his discharge was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and arduous journey.
He was denied benefits at an amount that was significantly higher than white people. 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 racial bias was systemic and widespread. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeal
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 thinking of appealing a decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.
A qualified lawyer can review the evidence used to support your claim and submit additional evidence and documentation should it be required. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can increase the level of empathy for the situation. This can be a valuable asset in your appeals.
One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able to work with medical professionals to provide additional proof of your medical condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They may be able to assist you in obtaining the medical records needed to support your claim.