Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
veterans disability attorneys Disability Lawsuits
Attorneys who profit from disabled veterans to make money often use their benefits. You should hire an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won a major victory. However, it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per 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. He alleges that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He wants the agency to repay him for the benefits that it has taken him out of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black
veterans disability lawyers were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.
He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.
The lawsuit seeks monetary damages, and wants the court to direct the VA to review 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 confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them deserve honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most common myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors except for alimony or child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but was discharged that was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.
He was denied at an rate that was much higher than his white peers. The discrimination was racial and pervasive, according to 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 lawsuit claims that the VA was aware of but did not address decades-long 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. If you are considering appealing an agency decision, it's essential to do so immediately. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal is compliant with all the requirements and that it is heard in a fair manner.
A licensed lawyer can examine the evidence that was used to back your claim and provide new and additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA and this could create a higher level of empathy for your circumstance. This could be a great advantage during your appeals procedure.
One of the most frequent reasons a veteran's disability claim is rejected is because the agency has not properly described their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able of working with medical specialists to provide additional proof of your situation. For example medical experts might be able demonstrate that the pain you experience is related to your service-connected injury and that it is causing impairment. They might also be able to help you get the medical records required to support your claim.