Jeramy Domingo asked 4 months ago
Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. You should hire an attorney who is licensed to handle 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 crash has won an important victory. But it comes with the cost of.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, a retired psychiatric nursing, claims 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 is requesting that the VA pay him back for benefits that it has taken him out of and to alter its policies on 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. 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. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This “bad paper” kept him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories in each application and re-application for benefits, the suit claims.
The lawsuit seeks monetary damages and wants the court orally order the VA to examine its systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women’s Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans’ benefits from claims of creditors and family members with the exception of alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later the discharge he received was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not 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 person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as soon as you are able. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and that it gets a fair hearing.
A qualified lawyer can review the evidence used to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer also knows the difficulties involved in dealing with the VA and can create a higher level of empathy for the situation. This could be a great asset in your appeals process.
One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you’re entitled to. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert could, Veterans Disability Lawsuits for instance, be able prove that your pain is caused by your service-related injury, and is disabled. They might assist you obtain the medical records required to prove your claim.