veterans disability lawsuits [
M.042-527-9574.1004114.co.kr] - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you require an attorney who is licensed to manage 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 an important victory. But it comes with a huge 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 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. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.
Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA compensate him for the benefits they have denied him and to change their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black
veterans disability law firms than it was for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black
veterans disability law firms, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.
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 equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatic memories with each application and re-application for benefits, the suit says.
The lawsuit seeks damages in the form of money and seeks the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied services at the rate of significantly more than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A licensed lawyer can examine the evidence used to support your claim and submit new and additional evidence should it be required. A lawyer will also know the challenges involved in dealing with the VA, and this can increase the level of empathy for your circumstance. This can be a significant benefit to your appeals.
A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. An experienced attorney will be able to work with medical experts to provide additional proof of your health condition. A medical professional could, for instance, be able show that the pain you are experiencing is due to your service-related injury and is disabled. They may be able to assist you in getting the medical records required to support your claim.