Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You need an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of
veterans Disability lawsuit Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
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 affected their health, home work, education and employment. Monk wants the VA to reimburse him for benefits they have denied him, and to alter their policies regarding race, discharge status, and 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, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black
veterans disability lawyer were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. He also suffered emotional harm from reliving the most traumatic memories through each application and re-application for benefits the suit claims.
The lawsuit seeks damages in the form of money and asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as 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
People who have served in the military, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing the decision, it is crucial to file an appeal in the earliest time possible. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is in line with all the requirements and that it gets a fair hearing.
A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence, if necessary. The lawyer will also understand the challenges of dealing with the VA and this could increase the level of understanding for your situation. This can be a significant advantage in your appeals.
A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your health condition. A medical expert for instance, might be able prove that your pain is a result of your service-related injury and is disabling. They may also be able to help you get the medical records required to support your claim.