Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled
Veterans Disability Lawsuit to earn profits often make use of their benefits. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a major victory. But it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.
Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. Monk wants the VA to pay him back the benefits it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of 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 application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color 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 the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks financial damages, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them need truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members with the exception of alimony and child support.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, however the discharge he received was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long, winding route.
He was denied at an rate that was much higher than white people. 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 asserts that the VA was aware of but did not address decades-long 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 the claimant is dissatisfied with a decision made by the agency. If you're considering appealing an appeal, it's important that you do so as soon as you can. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all requirements and it is heard in a fair manner.
A qualified lawyer can review the evidence that supports your claim and, if needed, provide additional and more convincing evidence. The lawyer will also understand the difficulties involved in dealing with the VA and this could increase the level of empathy for your situation. This can be a valuable benefit in your appeals.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified attorney will be able work with medical experts to provide additional evidence of your health condition. A medical professional, for example, may be able show that your pain is caused by your service-related injury and is debilitating. They may assist you obtain the medical records that are required to support your claim.