Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
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more helpful hints) Disability Lawsuits
Attorneys who profit from disabled veterans to make money frequently use their benefits. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an air carrier crash that killed a number of people has won a significant victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as 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, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA reimburse him for the benefits it has denied him and to amend their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The
veterans disability law firms Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honourable. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.
The lawsuit seeks financial compensation and asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who are their companions deserve truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most common myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by family members and creditors including alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, however his discharge was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding journey.
He was denied benefits at a much greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing a decision, it is important to appeal immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.
A qualified lawyer can review the evidence to support your claim and, if needed, provide additional and more convincing evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be an invaluable advantage in the appeals process.
One of the main reasons a veteran's disability claim can be denied is because the agency hasn't correctly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able to work with medical professionals to provide additional evidence of your situation. For example medical experts could be able to prove that the pain you are experiencing is related to your service-connected injury and is causing disability. They may also be able assist you in obtaining the medical records needed to prove your claim.