Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to make profits often make use of their benefits. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and
Veterans Disability Lawsuits other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. However,
Veterans Disability Lawsuits it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner 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. 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 past three decades.
Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He would like the VA to pay him back the benefits that it has denied him, and to modify their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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 as well as the Black Veterans Project. The data revealed that Black
veterans disability lawyers were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday, 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 that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive the most traumatic memories with each application and re-application for benefits the suit states.
The lawsuit seeks financial damages and asks the court to order the VA to examine the systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served in the military or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members other than alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but later he received a discharge that was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding path.
He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing an appeal, it's essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.
A competent lawyer will review the evidence used to prove your claim, and should it be necessary, present additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your situation. This could be a great advantage in the appeals process.
One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional evidence of your condition. A medical expert for instance, might be able show that your pain is due to your service-related injury and is disabled. They may also be able to assist you obtain the medical records that are needed to support your claim.