veterans disability lawsuits;
k-fonik.ru, - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to reimburse him for benefits he was deprived of and to amend its policies regarding race discharge status, discharge status and denial rates.
Last year, Monk and the
veterans disability lawyers 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. The data revealed that Black
veterans disability attorneys were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits,
Veterans Disability Lawsuits among others despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in adisproportionate way.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories with each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and wants the court order the VA to look into the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed 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 and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, however he received a discharge that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous route.
He was denied benefits at the rate of significantly more than white people. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you are able. A lawyer with experience in veteran disability appeals will help you ensure that your appeal meets all requirements and it gets a fair hearing.
A lawyer with experience can look over the evidence to support your claim and, when necessary, submit additional evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This could be a valuable advantage in the appeals process.
A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A professional attorney will also be able work with medical professionals to provide additional evidence of your health condition. A medical expert, for example, may be able to demonstrate that your pain is caused by your service-related injury, and is debilitating. They may assist you get the medical records required to prove your claim.