Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who exploit disabled veterans to make money often use their benefits. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has won a significant victory. However, it comes with the cost of.
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 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 as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He demands that the agency compensate him for benefits he was deprived 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black
veterans disability lawyers 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.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatic memories each time he applied and re-application, the suit says.
The lawsuit seeks damages in the form of money and asks 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 pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who accompany them deserve honest answers about veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied access at a rate significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.
Appeals
The VA's Board of
veterans disability attorneys Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's important to appeal in the earliest time possible. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all requirements and ensure that it is heard in a fair manner.
A lawyer with experience can look over the evidence to support your claim and, when necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be an important advantage in your appeals.
One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly characterized their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your medical condition. For example an expert in medical practice could be able to prove that the pain you are experiencing is related to your service-connected injury and is causing you to be disabled. They might be able assist you in obtaining the medical records needed to support your claim.