Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
veterans disability lawyers with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney that is certified to deal with 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 an important victory. But it comes with a price.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black
veterans disability attorney by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He demands that the agency repay him for the benefits he was deprived of and to amend its policies regarding race discharge status, 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 via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination against PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive the most traumatic memories each time he applied and re-application to receive benefits, the suit claims.
The lawsuit seeks financial damages and seeks the court to order 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 into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
People who have served in the military or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members in the case of alimony or child support.
Conley Monk volunteered to serve his country. He 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 was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and arduous route.
He was denied benefits at a much higher rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. If you're thinking of appealing an agency decision, it's important that you do so as soon as you can. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal meets all the requirements and it receives a fair hearing.
A lawyer who is qualified is able to examine the evidence used to justify your claim and present additional evidence should it be required. A lawyer also knows the difficulties of dealing with the VA and this could create a higher level of empathy for your circumstance. This could be a valuable asset in your appeals process.
One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly defined their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will also be able of working with medical specialists to provide additional proof of your situation. A medical professional is one example. They may be able prove that your pain is due to your service-related injury, and is debilitating. They may also be able help you get the medical records that are required to support your claim.