veterans disability lawsuits; Recommended Online site, – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with the cost of.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.
Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He wants the agency to repay him for the benefits he was deprived of, and to modify 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 data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed 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 veterans of color 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 suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims made by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This “bad paper” kept him from getting home loans or tuition aid, as well as other benefits.
He sued the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatic memories with each application and re-application, the suit says.
The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to look into systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women’s Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who have served our country in uniform or those who are their companions deserve honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that courts in the state can take away veterans’ VA compensation to pay for child support and alimony. It’s not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans’ benefits from claims of creditors and family members except for alimony or child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firms Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an appeal, it’s crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.
A qualified lawyer can review the evidence that supports your claim and, if needed, provide new and additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA and could increase the level of empathy for the situation. This can be an important benefit to your appeals.
One of the primary reasons that a veteran’s claim for disability can be denied is because the agency hasn’t correctly classified their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A professional attorney will also be able to work with medical experts to provide additional evidence of your condition. For example medical experts may be able to show that the pain you suffer is a result of your service-related injury and is causing disability. They might assist you obtain the medical records that are required to support your claim.