Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is the reason you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. However, it comes at the cost of.
Class Action Settlement
The Department of veterans disability law firms Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a 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 the documents 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 psychiatric nurse, claims 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 as well as their employment and education. He wants the agency to compensate him for benefits it has deprived him of, and to modify its policies on race as well as discharge status and denial rates.
Monk and the veterans disability attorney Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of 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 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honorable. The “bad paper” prevented him from getting home loans, tuition assistance and other benefits.
He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.
The lawsuit seeks financial compensation, and wants the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or those who accompany them require truthful answers regarding the benefits for veterans and veterans disability attorney their influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This isn’t the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans’ compensation from claims by creditors and family members with the exception of child support and alimony.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied at a rate significantly higher than white people. The discrimination was racial 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. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. If you’re considering appealing a decision, it is crucial to file an appeal as soon as possible. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal meets all the requirements and it receives a fair hearing.
A licensed lawyer can examine the evidence that supports your claim, and when necessary, submit additional and more convincing evidence. The lawyer will also understand the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.
One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency hasn’t properly described their condition. A qualified attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will be able to work with medical experts to provide additional proof of your health condition. A medical expert could, for instance, be able show that your pain is a result of your service-related injury and that it is debilitating. They could be able to assist you in obtaining the medical records needed to prove your claim.