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 profits often make use of their benefits. This is the reason you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won an important victory. However, it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white
veterans Disability lawsuit 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 from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to pay him back for benefits he was deprived of and to alter its policies regarding race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black
veterans disability lawsuit were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories through each application and re-application to receive benefits, the suit states.
The lawsuit seeks financial compensation, and wants the court to direct 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 into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who are their companions deserve honest answers about the 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 take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by creditors and family members including child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, however he received a discharge that was not a prestigious one because there were two battles because of a post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding route.
He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in 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 suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as quickly as you are able. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.
A lawyer who is qualified will be able to review the evidence used to justify your claim and present additional evidence should it be required. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This could be a great asset in your appeals.
One of the most common reasons that a veteran's claim for disability is denied is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your medical condition. For example an expert in medical practice could be able to prove that the pain you are experiencing is related to your service-connected injury and that it is causing disability. They might also be able to help you obtain the medical records that are required to prove your claim.