Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans disability law firm with disabilities to make profits often make use of their benefits. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier which killed dozens has a huge victory. But it comes with a substantial cost.
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, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.
Monk, a former psychiatrist, says that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He is requesting that the VA reimburse him for benefits that it has taken him out of and to alter its policies regarding race as well as 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, which 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 prone 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 basing it on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. That “bad paper” kept him from obtaining the home loan, Veterans Disability Lawsuits tuition assistance and other benefits.
He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered emotional trauma from reliving the most traumatic memories with each application and Veterans Disability Lawsuits re-application for benefits, the suit says.
The lawsuit seeks financial damages and also to orally order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that the state courts can garnish veterans’ VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by creditors and family members, except for child support and alimony.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white peers. The discrimination was racial and pervasive, 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. The lawsuit claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you’re thinking of appealing the decision, it is crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.
A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence in the event of need. A lawyer will also know the difficulties of dealing with the VA and can increase the level of empathy for your circumstance. This can be an invaluable benefit in your appeals process.
One of the primary reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly characterized their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your situation. For example, a medical expert might be able demonstrate that the pain you experience is a result of your service-related injury and is disabling. They might be able assist you in getting the medical records required to support your claim.