veterans disability lawsuits (linked resource site) – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money often use their benefits. You need an attorney that is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won an important victory. But it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate 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. He claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for the benefits it has denied him and to change their policies regarding race and Veterans Disability Lawsuits 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 that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. That “bad paper” prevented him from getting aid for tuition, home loans and other benefits.
He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and asks the court to decide to require the VA to look into systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women’s Action Network to force the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans’ payment from claims brought by family members and creditors in the case of alimony and child support.
Conley Monk, who was 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, but the discharge he received was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA’s Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all requirements and veterans Disability lawsuits 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 additional and more convincing evidence. A lawyer who is familiar with the VA’s challenges can be more sympathetic to your circumstances. This can be a huge advantage during your appeals procedure.
One of the most frequent reasons that a veteran’s claim for disability is denied is because the agency hasn’t correctly described their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified lawyer will also be able of working with medical professionals to provide additional evidence of your health condition. For example, a medical expert might be able prove that the pain you feel is a result of your service-connected injury and is causing disability. They may be able to assist you in obtaining the medical records needed to prove your claim.