Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
veterans disability lawsuit Disability Lawsuits
Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of
veterans disability law firms Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much 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 greater rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He would like the VA to reimburse him for the benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.
In the past 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 filed 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 an application for disability than white
veterans disability attorney between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied 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 troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.
The lawsuit is seeking monetary damages and asks the court to require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt 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
Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by family members and creditors including alimony and child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous road.
He was denied benefits at a more frequent rate than his white counterparts. The discrimination was racial and pervasive, according 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 did not know about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.
A licensed lawyer can examine the evidence used to prove your claim and then submit new and additional evidence when needed. The lawyer will also understand the challenges involved in dealing with the VA, and this can increase the level of empathy for the situation. This can be an important benefit to your appeals.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will be able work with medical professionals to provide additional evidence of your condition. For example an expert in medicine might be able prove that the pain you experience is a result of your service-related injury and is disabling. They may also be able to help you get the medical records that are required to support your claim.