veterans disability lawsuits (
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Attorneys who exploit disabled veterans to earn money often rely on their benefits. You require an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. However, it comes at the cost of.
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 disability law firms, according to a 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, he claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He would like the VA to compensate him for the benefits they have denied him, and to modify 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 through 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 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.
PTSD Discrimination
The
veterans disability lawyer Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatizing memories with each application and re-application, the suit claims.
The lawsuit is seeking monetary damages and asks the court to require the VA to review systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in 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. It alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you are considering appealing the decision, it is essential to do so immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.
A licensed lawyer can examine the evidence used to prove your claim and then submit additional evidence, should it be required. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This can be a valuable benefit in your appeals.
One of the primary reasons that a veteran's claim for disability is rejected is because the agency has not correctly characterized their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your health condition. A medical expert, for example, may be able to prove that the pain you are experiencing is due to the injury you sustained while working and is disabled. They might assist you obtain the medical records that are required to support your claim.