veterans disability lawsuits [
pickmein.kr] - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. This is why you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed a number of people has won a significant victory. But it comes with cost.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly 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 the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk, who is 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 or work and education. He wants the VA to reimburse him for the benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black
veterans disability attorney were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks monetary damages and wants the court orally order the VA to look into systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who have served our nation in uniform, or who are their companions deserve truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by creditors and family members in the case of child support and alimony.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white peers. This racial discrimination was systemic and widespread, as per 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 asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you are able. An experienced lawyer in veteran disability appeals can help ensure that your appeal is in line with all the requirements and it is heard in a fair manner.
A lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence and documentation in the event of need. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of understanding for your situation. This could be a valuable benefit in your appeals process.
One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly characterized their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will be able to consult with medical experts to provide additional proof of your health condition. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is disabling. They might also be able to help you obtain the medical records required to prove your claim.