Veterans Disability Lawsuits -
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Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often use their benefits. You should hire an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has won a major victory. However, it comes with an expense.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying 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 in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to compensate him for benefits it has deprived him of and to alter its policies on 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 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 between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
PTSD Discrimination
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatic memories with each application and re-application to receive benefits, the suit states.
The lawsuit seeks financial damages and asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served in the military or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.
Conley Monk, a 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 he received a discharge that was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the
veterans disability attorney Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an impartial hearing.
A qualified lawyer can examine the evidence that was used to back your claim and provide additional evidence, should it be required. A lawyer also knows the difficulties involved in dealing with the VA and could create a higher level of empathy for your circumstance. This can be a significant asset in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't correctly characterized their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your health condition. For example an expert in medical practice might be able prove that the pain you suffer is related to your service-connected injury and that it is causing impairment. They might be able assist you in obtaining the medical records needed to prove your claim.