Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability Lawsuits [
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Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to 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 greater rate than white veterans during the past three decades.
Monk, a retired psychiatrist, has claimed that discrimination from VA has led 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. Monk wants the VA to compensate him for benefits that it has taken him out of, and to modify its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of 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. These figures showed that Black
veterans disability law firms 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 veterans of color was 6.3% higher than for white veterans.
Discrimination due to PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have denied claims filed by Black veterans in adisproportionate manner.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most painful memories in each application and re-application, the suit claims.
The lawsuit seeks financial damages and also to order the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.
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 impact on divorce-related money issues. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by creditors and family members, except for alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later he received a discharge that was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white peers. 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 discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.
Appeal
The VA Board of
veterans disability law firm Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as soon as you are able. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is compliant with all requirements and you are given a fair hearing.
A competent lawyer will review the evidence that supports your claim and, should it be necessary, present new and additional evidence. A lawyer will also know the difficulties involved in dealing with the VA, and
Veterans Disability Lawsuits this can increase the level of empathy for your situation. This could be a great advantage in the appeals process.
One of the most frequent reasons a veteran's disability claim is rejected is because the agency has not properly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your condition. A medical professional could, for instance, be able show that your pain is caused by your service-related injury, and is disabling. They might also be able help you obtain the medical records that are required to prove your claim.