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 money often use their benefits. This is why you should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won an important victory. However, it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.
Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to compensate him for benefits it has deprived him of and to amend its policies on race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to 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. 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 black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied 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 adisproportionate way.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This “bad paper” kept him from getting home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.
The lawsuit seeks financial compensation and also asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women’s Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can garnish veterans’ VA compensation to pay for alimony and child support. This isn’t the case. Congress has carefully designed Title 38 of the U.S. Code to shield fredericksburg veterans disability lawyer‘ payment from claims by creditors and family members with the exception of child support and alimony.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied access at a rate significantly higher than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.
Appeal
The VA’s Board of Veterans Appeals reviews claims for Vimeo 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 are able. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal meets all requirements and ensure that it receives a fair hearing.
A lawyer with experience can look over the evidence to support your claim and, if needed, provide additional evidence. A lawyer also knows the challenges involved in dealing with the VA and can increase the level of empathy for your situation. This could be a valuable benefit in your appeals process.
One of the most common reasons that a veteran’s claim for disability is denied is due to the agency hasn’t properly defined their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to claim the benefits you need. A professional attorney will also be able to work with medical experts to provide additional evidence of your situation. A medical expert could, for instance, be able to prove that your pain is due to your service-related injury and is in a way limiting. They might be able assist you in getting the medical evidence you need to prove your claim.