Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. You require 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 deadly air carrier collision has won an important victory. However, it comes at a price.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents 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 greater rate than white veterans during the past three decades.
Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to pay him back the benefits it has denied him and to amend their policies regarding race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black
veterans disability law firms. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most painful experiences on every application for benefits.
The lawsuit seeks monetary damages and also to orally order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt 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 survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them require honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members including alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied services at the rate of significantly more than white people. This racial discrimination was systemic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black
veterans disability law firms. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. It is crucial to appeal a decision as quickly as you are able. An experienced lawyer in appeals for veterans disability attorney (
mouse click the up coming webpage) disability can help you ensure that your appeal meets all the requirements and that you are given a fair hearing.
A qualified lawyer is able to examine the evidence that was used to back your claim and provide additional evidence and documentation when needed. The lawyer will also understand the challenges of dealing with the VA and can lead to a greater level of empathy for the situation. This could be a great advantage in your appeals.
A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your medical condition. For example an expert in medical practice could be able to prove that the pain you are experiencing is a result of your service-related injury and is causing you to be disabled. They might be able assist you in getting the medical records required to prove your claim.