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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 disability lawyer to earn money frequently use their benefits. You require an attorney who is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that killed dozens of people has been awarded a significant victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly 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. According to documents obtained by Monk as well as 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 over the last three decades.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives and employment as well as education. He demands that the agency compensate him for benefits he was deprived of and to amend its policies on race, discharge status and denial rates.
Monk and the veterans disability law firms 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, and the Black Veterans Project. These 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. Additionally, the average denial rate was 6.3% higher for black veterans than it was 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 filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He filed a lawsuit against the military to overturn 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. The suit also claims that he suffered emotional trauma by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial damages and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as 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
Those who served in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by family members and creditors, except for alimony and child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.
He was denied at a rate significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.
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. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.
A licensed lawyer can examine the evidence to support your claim and, if necessary, submit new and additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstances. This could be a valuable advantage during your appeals procedure.
A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A reputable lawyer will also be able of working with medical specialists to provide additional evidence of your health condition. For instance an expert in medicine might be able prove that the pain you suffer is related to your service-connected injury and that it is causing disability. They might also be able to help you get the medical records required to prove your claim.