Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is why you should hire an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has won a major 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 Affairs discriminates against Black veterans when it denies 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 alleges that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA pay him back for benefits he has been deprived of, and to modify its policies on race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white
veterans disability lawyer between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is 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 points to evidence suggesting that VA officials have denied claims made by Black veterans in adisproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not honorable. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.
He sued the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories each time he applied and re-application, the suit states.
The lawsuit seeks monetary damages and wants the court decide to require the VA to look into the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them need truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans against claims from family members and creditors in the case of alimony and child support.
Conley Monk, a devoted volunteer for his country,
Veterans Disability Lawsuits logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic 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 lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as fast as you can. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal complies with all the requirements and it is heard in a fair manner.
A qualified lawyer can review the evidence that was used to support your claim and submit additional evidence when needed. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This could be a great asset in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly defined their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your medical condition. For instance an expert in medicine could be able to prove that the pain you are experiencing is a result of your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical records required to prove your claim.