Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. This is why you need an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. But it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to compensate him for the benefits that 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 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 results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims submitted by Black Veterans in adisproportionate way.
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 combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He sued the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks monetary damages and
veterans Disability Lawsuits also asks the court's order for 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 to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who are their companions deserve truthful answers regarding the disability benefits of
veterans disability lawyer and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding route.
He was denied services at the rate of significantly more 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 discrimination against blacks was systematic and widespread. It claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.
A lawyer with experience can look over the evidence used to prove your claim and, if needed, provide new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and could result in a greater degree of empathy for your situation. This can be a huge advantage in the appeals process.
A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your situation. A medical professional is one example. They may be able show that your pain is caused by your service-related injury, and is disabled. They may also be able help you obtain the medical records that are required to support your claim.