veterans disability lawsuits (
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Attorneys who exploit disabled veterans to make profits often make use of their benefits. You should hire an attorney who is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has a huge victory. But it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.
Monk, 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 impacted their health, home or work and education. He is requesting that the VA compensate him for the benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to 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 disproportionately denied claims submitted by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He sued the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered emotional harm from reliving some of his most traumatizing memories through each application and re-application for benefits the suit says.
The lawsuit is seeking monetary damages and asks the court to orally order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts can garnish
veterans disability attorneys' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members with the exception of alimony and child support.
Conley Monk, who was 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 work, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and 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, as per the lawsuit brought 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 was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.
A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit new and additional evidence should it be required. A lawyer who knows the VA's issues can be more understanding of your circumstance. This can be an important advantage in your appeals.
One of the main reasons a veteran's disability claim is rejected is because the agency has not properly characterized their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able to consult with medical experts to provide additional proof of your health condition. For instance, a medical expert might be able demonstrate that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may assist you obtain the medical records that are needed to support your claim.