Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is why you need an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched 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 higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed 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 during the last three decades.
Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to compensate him for the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National cresskill veterans disability attorney Council for Legal Redress and the Black Veterans Project. The data revealed that black Jack veterans disability attorney veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The “bad paper” kept him from obtaining home loans, tuition assistance and other benefits.
He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages and also asks the court’s order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women’s Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them require honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that state courts can garnish veterans’ VA compensation to pay for alimony and child support. This is not true. Congress has carefully designed Title 38 of the U.S. Code to shield the spring lake veterans disability lawsuit‘ compensation from claims by family members and creditors 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, transferring equipment and troops out of combat zones. He received several medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding path.
He was denied benefits at a much greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought 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 deal with 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 claimant is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is essential to do so as soon as possible. An experienced lawyer in appeals to veterans’ disability cases can help ensure that your appeal meets all requirements and ensure that it receives a fair hearing.
A qualified lawyer can review the evidence used to prove your claim, and when necessary, submit additional and more convincing evidence. A lawyer also knows the difficulties involved in dealing with the VA, and this can create a higher level of empathy for your situation. This can be a huge advantage during your appeals procedure.
A veteran’s claim for disability is often denied because the agency didn’t accurately describe 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. An experienced attorney will be able work with medical professionals to provide additional proof of your condition. A medical professional could, for instance, be able to demonstrate that your pain is a result of your service-related injury and is in a way limiting. They may also be able assist you in getting the medical records you require to prove your claim.
