Veterans Disability
Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from
veterans disability attorney with disabilities to make money often use their benefits. This is why you should hire an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier crash that claimed the lives of dozens has won a significant victory. However, it comes with a price.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for benefits it has denied him and to change their policies regarding 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 that they made on behalf of National
veterans disability attorney Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- 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 points to evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk served in 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. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit is seeking monetary damages and also to decide to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members in the case of alimony or child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however the discharge he received was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and difficult path.
He was denied benefits at a higher rate than white counterparts. 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, this racial bias was systemic and widespread. It claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other 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. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.
A lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence and documentation when needed. A lawyer who knows the VA's issues can be more sympathetic to your circumstances. This could be a great benefit in your appeals process.
One of the main reasons a veteran's disability claim is denied is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able show that your pain is a result of your service-related injury, and is disabled. They may be able to assist you in getting the medical evidence you need to prove your claim.
