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 to make a profit. This is why you should hire a attorney who is accredited to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has won an important victory. However, it comes with a price.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and
Veterans Disability Lawsuits the Yale Law School Veterans Legal Services Clinic.
Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He would like the VA to reimburse him for the benefits it has denied him, and to modify their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed 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 an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% 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 was filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims made by Black veterans in adisproportionate manner.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.
The lawsuit seeks monetary damages and also to orally order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who accompany them deserve honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed the law found in Title 38, U.S. Code to shield
veterans disability law firm' funds from claims of creditors and family members in the case of alimony or child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a higher rate than white peers. This racial discrimination was systemic and widespread,
Veterans Disability lawsuits as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing a decision, it is essential to do so as soon as you can. An experienced lawyer in veteran disability appeals can help ensure that your appeal meets all requirements and ensure that it receives a fair hearing.
A qualified lawyer will be able to review the evidence that was used to justify your claim and present additional evidence, in the event of need. A lawyer also knows the difficulties involved in dealing with the VA and could increase the level of empathy for the situation. This can be an invaluable benefit in your appeals process.
A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your situation. For example an expert in medical practice might be able prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical evidence you need to support your claim.