Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently victimized by lawyers who use their benefits as a cash cow. This is why you need an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched a major victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in 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 VA has denied his disability claims at a much higher rate than those of white veterans in 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, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He demands that the agency reimburse him for benefits it has deprived him of and to change its policies on race as well as discharge status and denial rates.
Monk and the
veterans disability lawyer Legal Services Clinic received 20 years of VA disability claim information 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. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have denied claims submitted by Black Veterans disproportionately.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.
The lawsuit seeks damages in the form of money, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or 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, however was discharged that was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA did not know about and failed to deal with decades of discrimination against Black
veterans disability lawyer. It seeks redress for Monk and other veterans like Monk.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. It is essential to appeal a decision as swiftly as you are able. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.
A qualified lawyer can review the evidence used to prove your claim, and if necessary, submit additional evidence. A lawyer will also know the challenges of dealing with the VA and this could create a higher level of empathy for your situation. This can be an important advantage in your appeals.
A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional could, for instance, be able to prove that your pain is a result of your service-related injury and is debilitating. They may be able to assist you in getting the medical records you require to prove your claim.