Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. This is why you require an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. However, it comes with a significant 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, 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. Monk claims VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He would like the VA to reimburse him for benefits it has not provided him and to amend 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 via Freedom of Information Act requests, which they filed on behalf of the National veterans disability lawyers Council for Legal Redress and 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. Additionally 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 was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. The “bad paper” kept him from obtaining home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and Veterans Disability Lawsuits 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each application for benefits.
The lawsuit seeks financial damages and seeks to have the court order the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women’s Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or those who accompany them need truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans’ payments from the claims of creditors and family members other than alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD.
He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges 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 disability lawsuit.
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 important that you do so immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.
A qualified lawyer can review the evidence used to back your claim and provide additional evidence, in the event of need. A lawyer also knows the challenges of dealing with the VA, and this can increase the level of empathy for your situation. This can be an invaluable advantage during your appeals procedure.
One of the most frequent reasons a veteran’s disability claim can be denied is because the agency hasn’t properly classified their condition. An experienced attorney will ensure that your condition is correctly categorized and Veterans Disability Lawsuits rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your health condition. For example medical experts could be able to prove that the pain you feel is related to your service-connected injury and that it is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to support your claim.