Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money often use their benefits. This is why you should hire a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision which killed dozens has been awarded a significant victory. But it comes with an expense.
Class Action Settlement
According to a lawsuit filed Monday that the Department of
Veterans Disability Lawsuit Affairs discriminates against Black veterans in denying their disability claims at a rate that is much 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 higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is 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 work, education and employment. He is requesting that the VA pay him back for benefits that it has taken him out of and to change its policies on race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black
veterans disability lawyers Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white
veterans disability attorney.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories with each application and re-application, the suit claims.
The lawsuit seeks financial damages and seeks to have the court require the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who accompany them need truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims made by family members and creditors, except for alimony and child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and difficult path.
He was denied benefits at the rate of significantly more 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. It claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you are considering appealing an appeal, it's important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.
A qualified lawyer can review the evidence used to support your claim and submit additional evidence, if necessary. The lawyer will also be aware of the difficulties of dealing with the VA and could lead to a greater level of empathy for your situation. This could be a great advantage in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is due to the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional proof of your health condition. A medical expert for instance, might be able to demonstrate that your pain is caused by your service-related injury and that it is debilitating. They may also be able to help you get the medical records required to support your claim.