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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. You require an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans disability lawsuit Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to repay him for the benefits it has deprived him of, and to modify its policies regarding race discharge status, discharge status, and denial rates.
In the past 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color Veterans Disability Lawsuit was 6.3% higher than for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.
He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on every application for benefits.
The lawsuit is seeking monetary damages and also to order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members in the case of child support and alimony.
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, however was discharged that was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied access at an rate that was much higher than white people. The discrimination was racial and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades-long 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 is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is important to appeal as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all the requirements and it is heard in a fair manner.
A competent lawyer will review the evidence that supports your claim, and if needed, provide new and additional evidence. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This could be a great benefit to your appeals.
One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. A medical professional could, for instance, be able to prove that your pain is a result of your service-related injury and that it is in a way limiting. They might assist you obtain the medical records required to prove your claim.