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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 to make money often rely on their benefits. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier collision has won a major victory. But it comes with a huge price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He wants the VA to reimburse him for benefits it has not provided him and to change their policies regarding race and discharge status as well as 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 midland veterans disability lawyer Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black eugene veterans disability law firm.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. That „bad paper” hindered him from receiving aid for tuition, home loans and other benefits.
He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.
The lawsuit is seeking monetary damages and also to decide to require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to force 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, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans’ VA compensation to pay for child support and alimony. It’s not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans’ payments from claims by creditors and family members in the case of alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult route.
He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on 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. The suit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.
Appeal
The VA’s Board of freehold veterans disability lawsuit (vimeo.com) Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is important to appeal as soon as possible. An experienced lawyer in veteran disability appeals can help ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.
A competent lawyer will review the evidence to support your claim, and if necessary, submit new and additional proof. A lawyer also knows the difficulties involved in dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This can be a huge benefit in your appeals process.
One of the most common reasons a veteran’s disability claim can be denied is because the agency hasn’t properly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. An experienced attorney will be able to work with medical experts to provide additional proof of your medical condition. For example an expert in medical practice might be able prove that the pain you feel is due to your service-related injury and that it is causing you to be disabled. They may be able to assist you in getting the medical records you require to prove your claim.
