Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly air carrier collision has won a major victory. However, it comes with a price.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white kentwood veterans disability law firm. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.
Monk, a former psychiatrist, says 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 work, education, and employment. He is requesting that the VA repay him for the benefits he has been deprived of and to change its policies on race discharge status, 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 results showed that Black veterans were statistically less likely to receive the right to claim disability benefits 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.
Discrimination due to PTSD
According to a lawsuit filed on Monday, the mechanicsburg veterans disability law firm Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims filed by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This “bad paper” prevented him from getting aid for tuition, home loans and other benefits.
He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most painful memories through each application and re-application for benefits the suit says.
The lawsuit is seeking monetary damages and asks the court to order the VA to examine its systemic PTSD bias. 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 victims of sexual assault.
Alimony Discrimination
Those who served in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that courts in the state can take away veterans’ VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members including alimony and child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to grant his claim for disability compensation was a long and winding route.
He was denied services at an amount that was significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. If you’re thinking of appealing an appeal, it’s essential to do so immediately. A lawyer with experience in veteran disability appeals can help ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.
A lawyer with experience can look over the evidence to support your claim and, vimeo when necessary, submit additional and more convincing evidence. A lawyer who is familiar with the VA’s challenges can be more sympathetic to your situation. This can be a valuable asset in your appeals.
One of the main reasons that a veteran’s claim for disability is denied is due to the agency hasn’t properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you’re entitled to. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your condition. For example medical experts might be able demonstrate that the pain you feel is related to your service-connected injury and is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.
