Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money often use their benefits. This is the reason you need an attorney with the right qualifications 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 dozens of people has been awarded a significant victory. But it comes with a substantial cost.
Class Action Settlement
The Department of Veterans Affairs has systematically 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 the 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 during the last three decades.
Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. Monk wants the VA to compensate him for the benefits they have denied him, and to modify their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans disproportionately.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform and those who accompany them deserve truthful answers regarding the
veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than white peers. The discrimination was racial and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black
veterans disability lawyer. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an opinion of the agency. If you're thinking of appealing an agency decision, it's essential to do so immediately. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.
A qualified lawyer will be able to review the evidence that was used to support your claim and submit additional evidence, if necessary. The lawyer will also understand the difficulties involved in dealing with the VA and could lead to a greater level of empathy for your circumstance. This could be a great asset in your appeals.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A qualified attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified attorney will be able work with medical experts to provide additional proof of your health condition. For instance an expert in medical practice could be able to prove that the pain you experience is related to your service-connected injury and that it is causing impairment. They may also be able assist you in getting the medical evidence you need to support your claim.