Veterans disability lawsuits -
https://m1bar.com/user/TracyMcEncroe6 - - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
veterans disability law firm with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is why you require a attorney who is accredited to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier collision has won a major victory. However, it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency repay him for the benefits it has deprived him of and to alter 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 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 revealed that Black Veterans were statistically less prone to be granted a claim for disability than white
veterans disability lawyers between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks financial damages and also to decide to require the VA to examine the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them need truthful information about veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims made by family members and creditors including child support and alimony.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to accept his claim for disability compensation was a long and difficult journey.
He was denied benefits at a much higher rate than white counterparts. 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 racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you're considering appealing a decision, it is important to appeal as soon as you can. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal meets all requirements and it receives a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to justify your claim and present additional evidence should it be required. The lawyer will also understand the challenges involved in dealing with the VA and this could lead to a greater level of empathy for the situation. This could be a great asset in your appeals.
A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A reputable lawyer will also be able of working with medical professionals to provide additional proof of your condition. A medical expert for instance, might be able show that your pain is a result of your service-related injury and that it is debilitating. They may also be able assist you in getting the medical records you require to support your claim.