veterans disability lawsuits (
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veterans disability lawyer Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is the reason you need an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has a huge victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a 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, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He wants the agency to repay him for the benefits that it has taken him out of and to amend its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent 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 Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.
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 equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most painful memories through each application and re-application for benefits the suit says.
The lawsuit seeks monetary damages and seeks the court to order 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 victims of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members, except for alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his service, but was later acquitted of a less honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding path.
He was denied benefits at a much greater rate than his white counterparts. 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. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.
A lawyer with experience can look over the evidence used to prove your claim, and if needed, provide additional and more convincing evidence. The lawyer will also understand the challenges involved in dealing with the VA and could increase the level of empathy for your circumstance. This can be a significant advantage in your appeals.
One of the main reasons why a claim for disability benefits from a veteran is rejected 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 receive the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your condition. A medical expert is one example. They may be able to prove that the pain you are experiencing is due to your service-related injury, and is disabling. They may also be able to assist you get the medical records required to support your claim.
