Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuitsveterans disability law firms with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has won a significant victory. But it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.
Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He is requesting that the VA reimburse him for the benefits it has denied him, and to alter their policies regarding race and discharge status as well as 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 filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most painful memories in each application and re-application for benefits, the suit claims.
The lawsuit seeks monetary damages and wants the court orally order the VA to look into systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common misconceptions is that state courts can confiscate
veterans disability attorney' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his service, however 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 approve his claim for disability compensation was a long, winding road.
He was denied benefits at a higher rate than his white counterparts. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to take action to end 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 the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.
A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit additional evidence and documentation if necessary. A lawyer also knows the difficulties of dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be an invaluable advantage in the appeals process.
A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. For instance an expert in medical practice might be able prove that the pain you experience is a result of your service-related injury and that it is disabling. They might assist you get the medical records that are needed to support your claim.