veterans disability Lawsuits (
pickmein.Kr) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is the reason 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 disorders related to an aircraft carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with a huge cost.
Class Action Settlement
The Department of
veterans disability attorney Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.
Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the agency to reimburse him for benefits he has been deprived of and to amend its policies regarding race, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each application for benefits.
The lawsuit seeks monetary damages and asks the court to decide to require the VA to look into systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served their country in uniform or those who are their companions deserve truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members except for alimony or 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 received several medals for his service, however he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long, winding journey.
He was denied services at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims 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 similar veterans.
Appeals
The VA's Board of
veterans disability lawyer Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing a decision, it is important to appeal in the earliest time possible. An experienced lawyer in veteran disability appeals can help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This can be a huge advantage in the appeals process.
One of the main reasons a veteran's disability claim can be denied is because the agency hasn't properly described their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to get the benefits you need. A professional attorney will also be able to work with medical experts to provide additional proof of your condition. A medical expert, for example, may be able to demonstrate that your pain is caused by your service-related injury, and is disabling. They might assist you obtain the medical records that are needed to support your claim.