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Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle veterans disability lawyer Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often rely on their benefits. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. But it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for the benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. The “bad paper” kept him from obtaining aid for tuition, home loans and other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit seeks financial damages and asks the court’s order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who accompany them need honest answers about veterans disability lawsuits disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans’ payments from claims brought by creditors and family members with the exception of child support and alimony.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later he received a discharge that was less than honorable because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.
He was denied services at an amount that was significantly higher than his white peers. The discrimination was racial and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.
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 are considering appealing a decision, it is essential to do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an equitable hearing.
A qualified lawyer can review the evidence used to prove your claim and, should it be necessary, present new and additional proof. The lawyer will also be aware of the difficulties of dealing with the VA and could create a higher level of empathy for your situation. This could be a great asset in your appeals process.
A veteran’s claim for disability is usually denied due to the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will also be able of working with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is disabling. They might be able assist you in obtaining the medical records needed to prove your claim.