Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit disabled veterans to earn money often use their benefits. You should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier collision which killed dozens has won a major victory. However, it comes with cost.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate 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. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white
veterans disability lawyer in the past three decades.
Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to compensate him for benefits that it has taken him out of and to alter its policies regarding race, discharge status and denial rates.
Monk and the
veterans disability lawsuit Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk served in 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 troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded a range of 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 harm as he relived the most traumatic memories in each application and re-application, the suit says.
The lawsuit is seeking monetary damages and also to order the VA to look into the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them need truthful answers regarding veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments against claims from creditors and family members in the case of child support and alimony.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied services at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed on his behalf 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 address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you are considering appealing a decision, it is crucial to file an appeal as soon as you can. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal is in line with all the requirements and it receives a fair hearing.
A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence and documentation when needed. The lawyer will also understand the difficulties of dealing with the VA and could increase the level of empathy for your situation. This can be a valuable asset in your appeals.
One of the primary reasons a veteran's disability claim is denied is because the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your health condition. For instance medical experts may be able to show that the pain you are experiencing is a result of your service-related injury and is causing disability. They may also be able to help you obtain the medical records required to support your claim.