Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
veterans disability lawyer Disability Lawsuits
Attorneys who profit from disabled veterans to make money often rely on their benefits. This is the reason you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier which killed dozens has won a significant victory. However, it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life, employment, and education. He demands that the agency reimburse him for benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. The suit claims that he suffered emotional trauma by reliving the most painful memories with each application for benefits.
The lawsuit seeks financial compensation and asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them deserve truthful information about
veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims made by creditors and family members with the exception of alimony and child support.
Conley Monk accepted a call to serve his country. He 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 awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding journey.
He was denied at the rate of significantly more than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the
veterans disability law firm Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. If you're considering appealing the decision, it is crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all requirements and it is heard in a fair manner.
A lawyer who is qualified is able to examine the evidence used to justify your claim and present additional evidence, in the event of need. A lawyer who understands the VA's challenges can be more sympathetic to your circumstances. This could be a great advantage in the appeals process.
One of the primary reasons that a veteran's claim for disability is denied is due to the agency has not correctly characterized their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. An experienced attorney will be able to work with medical experts to provide additional evidence of your situation. For instance an expert in medicine might be able prove that the pain you feel is due to your service-related injury and is causing disability. They might be able assist you in getting the medical evidence you need to prove your claim.