Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash which killed dozens has been awarded a significant victory. However, it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. 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 much more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life, Veterans Disability Lawsuits employment, and education. He is requesting that the VA reimburse him for benefits they have denied him, and to alter their policies regarding race, veterans disability lawsuits discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination against PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims made by Black veterans in adisproportionate manner.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was not honorable. This “bad paper” kept him from obtaining home loans, tuition assistance and other benefits.
He sued the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.
The lawsuit seeks monetary damages, and wants the court’s order for the VA to examine its systemic PTSD discrimination. 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
The veterans who have served our country in uniform or those who accompany them deserve honest answers regarding the benefits for veterans and their impact on money issues in divorce. One of the most common misconceptions is that state courts are able to confiscate veterans’ VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans’ compensation from claims made by family members and creditors, except for alimony and child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but was discharged that was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous path.
He was denied benefits at a greater rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorneys Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. If you’re thinking of appealing a decision, it is important to appeal immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.
A licensed lawyer can review the evidence used to support your claim and submit additional evidence should it be required. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstances. This can be a significant advantage in your appeals.
A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to get the benefits you’re entitled to. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. For example an expert in medical practice may be able to show that the pain you suffer is a result of your service-connected injury and is disabling. They might also be able help you get the medical records needed to support your claim.