Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money frequently use their benefits. You need an attorney that is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. But it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. 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 more frequent rate than white veterans over the past three decades, as per the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. Monk wants the VA to reimburse him for benefits it has not provided him, and to alter their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans disability law firms disability lawsuit – please click the next document,.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This “bad paper” kept him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. The suit asserts that he suffered emotional harm by reliving the most painful memories with every application for benefits.
The lawsuit seeks damages in the form of money, and wants the court to require the VA to review its systemic PTSD discrimination. It is the latest move 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 victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform and those who accompany them deserve honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that courts in the state can garnish veterans’ VA compensation to pay for alimony and child support. It’s not true. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans’ compensation from claims made by family members and creditors including alimony and 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 numerous medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as soon as you are able. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is in line with all requirements and ensure that it is heard in a fair manner.
A lawyer with experience can look over the evidence used to prove your claim and, if necessary, submit new and additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstance. This could be a great asset in your appeals.
A veteran’s claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your medical condition. For example an expert in medicine may be able to show that the pain you experience is related to your service-connected injury and is causing disability. They might assist you obtain the medical records required to support your claim.
