Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit
veterans disability lawyer with disabilities to make profits often make use of their benefits. This is why you need an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash that killed a number of people has a huge victory. However, it comes with a huge price tag.
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 the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to compensate him for the benefits it has denied him, and to alter their policies on race, discharge status, and denial rates.
Monk and the Veterans 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 and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black
veterans disability attorney, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit seeks financial compensation and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than alimony and child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and winding route.
He was denied at an rate that was much higher than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the
Veterans Disability lawsuit Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with to a decision of the agency. If you're considering appealing a decision, it is important to appeal as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all the requirements and that it receives a fair hearing.
A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present new and additional proof. A lawyer will also know the challenges of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This can be an important asset in your appeals.
A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your health condition. For example an expert in medical practice could be able to prove that the pain you feel is related to your service-connected injury and is causing disability. They may also be able to assist you get the medical records that are required to support your claim.