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 source of cash. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes with a substantial price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white bellevue veterans disability attorney, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He wants the agency to repay him for the benefits that it has taken him out of and to alter its policies on 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 via a Freedom of Information Act request that 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 likely to be granted a claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for lakemoor veterans disability lawsuit of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This “bad paper” prevented him from getting home loans or tuition aid as well as other benefits.
He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving the most traumatic memories in each application and re-application for benefits, the suit says.
The lawsuit seeks monetary damages and seeks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women’s Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors 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 the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn’t the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans’ funds from claims of family members and creditors in the case of alimony or child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.
A licensed lawyer can examine the evidence used to justify your claim and present new and additional evidence if necessary. The lawyer will also understand the challenges of dealing with the VA, and this can create a higher level of empathy for your circumstance. This can be a huge benefit in your appeals process.
One of the main reasons that a veteran’s claim for disability is denied is due to the agency hasn’t correctly classified their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your situation. A medical expert could, for instance, be able to demonstrate that your pain is caused by your service-related injury and is debilitating. They might also be able to assist you get the medical records that are required to support your claim.
