Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities to make money often use their benefits. You need an attorney that is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed Monday the Department of houma veterans disability attorney Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He would like the VA to pay him back the benefits that it has denied him, and to modify their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as 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 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination in PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This “bad paper” kept him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm from reliving some of his most painful memories each time he applied and re-application for benefits the suit claims.
The lawsuit is seeking monetary damages and seeks to have the court order the VA to review the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women’s Action Network to get the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or who accompanied them, should be aware of the truth about Farmingdale veterans disability lawsuit disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans’ compensation from 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, transferring equipment and troops out of combat zones. He was awarded numerous medals, but later he received a discharge that was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding route.
He was denied benefits at an amount that was significantly higher than white people. 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, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. It is crucial to appeal a decision as swiftly as you can. An experienced lawyer in appeals to veterans’ disability cases can help ensure that your appeal is in line with all requirements and ensure that you are given a fair hearing.
A licensed lawyer can examine the evidence that supports your claim, and if needed, provide new and additional proof. A lawyer who understands the VA’s issues can be more sympathetic to your circumstances. This could be a great advantage in the appeals process.
One of the most common reasons a veteran’s disability claim is denied is because the agency hasn’t properly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to get the benefits you’re entitled to. An experienced attorney will be able work with medical experts to provide additional proof of your condition. For example an expert in medicine could be able to prove that the pain you feel is due to your service-related injury and is causing you to be disabled. They might assist you get the medical records that are needed to support your claim.
