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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make profits often make use of their benefits. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision that killed a number of people has won a significant victory. But it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly 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. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. Monk wants the VA to reimburse him for the benefits it has not provided him, and to alter their policies on race and discharge status as well as denial rates.
Last 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.
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. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and Veterans Disability Lawsuits 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive the most traumatic memories each time he applied and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them need truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for Veterans Disability Lawsuits alimony or child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however was discharged that was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than his white peers. The discrimination was racial and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans disability law firms. 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're thinking of appealing the decision, it is crucial to file an appeal immediately. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal is compliant with all requirements and it is heard in a fair manner.
A licensed lawyer will be able to review the evidence that was used to justify your claim and present additional evidence should it be required. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstances. This could be a great benefit in your appeals process.
A veteran's claim for disability is often denied because the agency did not accurately describe their condition. An experienced attorney will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your condition. A medical professional for instance, might be able prove that your pain is caused by your service-related injury and is in a way limiting. They may also be able to help you get the medical records that are needed to support your claim.