Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you require a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision which killed dozens has a huge victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white Fortuna Veterans Disability Lawyer. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.
Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA compensate him for the benefits they have denied him and to amend their policies regarding race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This “bad paper” kept him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories in each application and re-application, the suit says.
The lawsuit seeks monetary damages, and wants the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women’s Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. 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 not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by family members and creditors including child support and alimony.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was less than honorable due to the fact that he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied access at a rate significantly higher than his white peers. This discrimination against blacks was widespread and widespread, according to 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 claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other rocky river veterans disability lawyer similar to him.
Appeals
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 important to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.
A lawyer with experience can look over the evidence to support your claim, and if necessary, submit additional evidence. A lawyer who is familiar with the VA’s challenges can be more understanding of your circumstance. This can be an invaluable benefit in your appeals process.
A veteran’s claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to get the benefits you’re entitled to. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your situation. For instance, a medical expert could be able to prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They might assist you obtain the medical records that are required to prove your claim.