Veterans disability lawsuits (
125.141.133.9) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. This is why you require an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a significant victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He demands that the agency repay him for the benefits that it has taken him out of and to alter its policies on race discharge status, discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National
veterans disability attorneys Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims made by Black veterans in adisproportionate manner.
Conley Monk decided to join 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 was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to overturn the discharge and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money due to 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 every application for benefits.
The lawsuit seeks financial damages and seeks to have the court require the VA to examine the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them need truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims brought by family members and creditors with the exception of alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous route.
He was denied at an rate that was much higher than his white peers. According to the lawsuit brought in 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. It asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an appeal, it's essential to do so as soon as possible. A lawyer with experience in veteran disability appeals will help you ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.
A lawyer who is qualified will be able to review the evidence that was used to back your claim and provide additional evidence, when needed. A lawyer who understands the challenges of the VA will be more understanding of your situation. This can be a significant advantage in your appeals.
A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to consult with medical experts to provide additional proof of your health condition. A medical professional could, for instance, be able to demonstrate that your pain is due to the injury you sustained while working and is disabling. They may also be able to help you obtain the medical records that are required to support your claim.
