Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make profits often make use of their benefits. You require an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has a huge victory. But it comes at cost.
Class Action Settlement
According to a lawsuit filed Monday 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. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the agency to pay him back for benefits that it has taken him out of and to change its policies regarding race discharge status, discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal 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 basing it on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have rejected claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform, or who are their companions deserve truthful answers regarding
veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied benefits at a higher rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as fast as you can. An experienced lawyer in appeals for veterans disability can help ensure that your appeal is in line with all the requirements and it gets a fair hearing.
A licensed lawyer can examine the evidence that was used to justify your claim and present additional evidence in the event of need. A lawyer will also know the difficulties of dealing with the VA and this could increase the level of understanding for your situation. This can be an important asset in your appeals.
A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your condition. For instance medical experts might be able demonstrate that the pain you are experiencing is due to your service-related injury and is disabling. They might be able assist you in getting the medical records required to support your claim.