Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often rely on their benefits. You should hire an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier crash that killed a number of people has won a major victory. But it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by 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. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA compensate him for benefits it has deprived him of, Veterans Disability Lawsuits and to modify 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 by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honourable. This “bad paper” kept him from obtaining mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to rescind the discharge, Veterans Disability Lawsuits and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered emotional damage from having to relive some of his most painful memories in each application and re-application, the suit states.
The lawsuit is seeking monetary damages and also to orally order the VA to look into systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women’s Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans disability attorneys who were in uniform 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 biggest myths is that state courts are able to garnish veterans’ VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans’ compensation from claims of creditors and family members other than alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied access at an amount that was significantly higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. 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.
Appeals
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an appropriate hearing.
A licensed lawyer is able to examine the evidence that was used to back your claim and provide additional evidence should it be required. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstance. This can be a valuable benefit in your appeals.
A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to consult with medical experts to provide additional proof of your medical condition. A medical professional is one example. They may be able prove that your pain is caused by your service-related injury, and is debilitating. They may also be able assist you in getting the medical records you require to prove your claim.