Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (
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Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. This is why you need a attorney who is accredited to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won a major victory. However, it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, claims that 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. He is requesting that the VA pay him back for benefits he has been deprived of and to amend its policies on 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 through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application 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.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (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 active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable 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, the suit states.
The lawsuit is seeking monetary damages and wants the court require the VA to examine its the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or those who accompany them deserve truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members, except for alimony and child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than his white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit filed on his behalf by the National
veterans disability law firm Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other
veterans disability law firms.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an appropriate hearing.
A qualified lawyer is able to examine the evidence that was 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 lead to a greater level of empathy for the situation. This can be a valuable benefit in your appeals.
One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly described their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will also be able to collaborate with medical specialists to provide additional proof of your condition. A medical professional for instance, might be able show that your pain is a result of the injury you sustained while working and is disabling. They may also be able to help you obtain the medical records that are required to prove your claim.