Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability
LawsuitsAttorneys who profit from veterans with disabilities to make money often rely on their benefits. This is the reason you need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. However, it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. 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 more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA repay him for the benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status and denial rates.
In the past 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. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.
The lawsuit seeks financial damages and asks the court to decide to require the VA to review 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 victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most common misconceptions is that state courts can garnish
veterans disability law firm' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims by creditors and family members including child support and alimony.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to approve his claim for disability compensation was a long and difficult route.
He was denied benefits at a much greater rate than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought 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 was aware of but did not address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.
A licensed lawyer can examine the evidence to support your claim, and if needed, provide new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can increase the level of empathy for your circumstance. This could be a valuable advantage during your appeals procedure.
One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency has not properly characterized their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your condition. For instance an expert in medicine might be able demonstrate that the pain you suffer is due to your service-related injury and is causing impairment. They might also be able to assist you get the medical records required to prove your claim.