Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities to make money frequently use their benefits. You should hire an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that killed a number of people has been awarded a significant victory. But it comes with a price.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing 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. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA compensate him for the benefits they have denied him, and to modify their policies on race and discharge status as well as denial rates.
Last 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. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white
veterans disability law firms from 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have denied claims filed by Black Veterans disproportionately.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.
The lawsuit is seeking monetary damages and also to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups like 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
People who have served in the military, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by family members and creditors, except for child support and alimony.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles,
veterans disability lawsuits transferring equipment and troops out of combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and
Veterans Disability Lawsuits arduous route.
He was denied benefits at a much greater rate than his 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, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. If you're considering appealing an appeal, it's crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an impartial hearing.
A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit new and additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and this could increase the level of empathy for your situation. This can be a valuable benefit in your appeals.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able prove that your pain is a result of your service-related injury and that it is debilitating. They might also be able help you obtain the medical records that are required to support your claim.