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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make money often rely on their benefits. You need an attorney that is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. But it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black veterans disability attorneys, to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to compensate him for the benefits they have denied him, and to alter 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 through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" prevented 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 in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.
The lawsuit seeks monetary damages and asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who are their companions deserve honest answers about the benefits for veterans and their effect on money issues in divorce. 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' benefits from claims of creditors and family members except for alimony or child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding path.
He was denied at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
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 important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets a fair hearing.
A qualified lawyer can review the evidence used to prove your claim, and if needed, provide new and additional evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstances. This can be a huge benefit in your appeals process.
One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't properly characterized their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional, for example, may be able to demonstrate that your pain is due to your service-related injury and that it is disabling. They might also be able help you obtain the medical records required to support your claim.