Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability
LawsuitsAttorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you require an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes with a hefty price tag.
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, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.
Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to pay him back the benefits it has not provided him, and to alter their policies regarding race and discharge status as well as 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and
Lawsuits assisting in the transportation of troops and equipment to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money for
Lawsuits his previous denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories through each application and re-application for benefits the suit states.
The lawsuit seeks financial damages and asks the court to require the VA to look into systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who accompany them need honest answers regarding
veterans disability lawyers disability compensation and its impact on money issues in divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors in the case of alimony and child support.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding journey.
He was denied benefits at a much greater rate than his white counterparts. 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, this racial discrimination was systemic and widespread. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.
A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present additional evidence, when needed. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This could be a great asset in your appeals process.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. A medical professional, for example, may be able prove that your pain is caused by the injury you sustained while working and is disabled. They might be able assist you in getting the medical records required to support your claim.