Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
veterans disability attorney with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. You need an attorney who is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. But it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black
veterans disability lawyer to be affected in ways that have affected their health, homes or work and education. He demands that the agency pay him back for benefits he was deprived of and to alter its policies regarding race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black
Veterans disability lawsuit than it was for white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. The "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatizing memories in each application and re-application for benefits the suit claims.
The lawsuit is seeking monetary damages and wants the court order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network,
Veterans Disability lawsuit to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who are their companions deserve honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors except for alimony or child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and winding route.
He was denied benefits at a higher rate than 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. It claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is important to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is compliant with all requirements and it is heard in a fair manner.
A lawyer who is qualified will be able to review the evidence used to justify your claim and present new and additional evidence should it be required. A lawyer also knows the difficulties of dealing with the VA and could lead to a greater level of understanding for your situation. This could be a great benefit in your appeals process.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A professional attorney will also be able work with medical professionals to provide additional proof of your medical condition. A medical professional is one example. They may be able prove that your pain is caused by the injury you sustained while working and is disabling. They might assist you obtain the medical records that are required to support your claim.