Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled belleville veterans disability lawyer to earn profits often make use of their benefits. You should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched a major victory. However, it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the VA to pay him back the benefits that it has denied him, and to modify their policies regarding race, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made 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 receive an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have rejected claims submitted by Black Veterans in adisproportionate way.
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 was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This “bad paper” prevented him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on every application for benefits.
The lawsuit seeks financial damages and also asks the court to order the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women’s Action Network to force the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them need truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts are able to confiscate veterans’ VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans’ payments from the claims of family members and creditors other than alimony and child support.
Conley Monk, who was 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 several medals, but later his discharge was less than honorable because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding road.
He was denied benefits at a higher rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according 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 suit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you’re considering appealing the decision, it is crucial to file an appeal immediately. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is compliant with all requirements and you are given a fair hearing.
A competent lawyer will review the evidence used to prove your claim and, should it be necessary, present new and additional proof. A lawyer will also know the challenges of dealing with the VA and can result in a greater degree of empathy for your situation. This could be a valuable asset in your appeals process.
A veteran’s claim for disability is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, Vimeo which will allow you to receive the benefits you deserve. An experienced attorney will be able work with medical professionals to provide additional evidence of your medical condition. A medical professional is one example. They may be able show that the pain you are experiencing is due to the injury you sustained while working and is debilitating. They may also be able to assist you obtain the medical records required to prove your claim.