Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits - check,
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You require 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 conditions related to a deadly aircraft carrier crash has clinched a major victory. But it comes with cost.
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 the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA compensate him for benefits it has deprived him 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 that they made 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 appeal 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 is based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served in the military or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans disability lawyers' funds from claims of creditors and family members except for alimony or child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and difficult road.
He was denied benefits at a higher rate than white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit filed 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 was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.
A licensed lawyer can examine the evidence that supports your claim, and should it be necessary, present new and additional evidence. The lawyer will also understand the difficulties of dealing with the VA and could lead to a greater level of empathy for the situation. This can be a huge advantage during your appeals procedure.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to consult with medical specialists to provide additional proof of your health condition. A medical expert, for example, may be able to prove that your pain is due to your service-related injury and that it is debilitating. They may also be able assist you in getting the medical evidence you need to prove your claim.