veterans disability attorneys Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits to make a profit. You need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed a number of people has won a significant victory. However, it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused 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 pay him back the benefits that it has denied him and to amend their policies regarding race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 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 Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.
He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving the most painful memories with every application for benefits.
The lawsuit is seeking monetary damages and also to decide to require the VA to examine the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand 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 accompany them deserve truthful information about the disability benefits of
veterans disability law firms and its impact on financial issues in divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from family members and creditors including child support and alimony.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however he received a discharge that was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the
veterans disability lawsuit Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. It is crucial to appeal a decision as fast as you are able. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.
A qualified lawyer can review the evidence used to support your claim, and if needed, provide additional evidence. A lawyer will also know the challenges of dealing with the VA and can result in a greater degree of understanding for your situation. This could be a great benefit in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly characterized their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified attorney will be able work with medical professionals to provide additional proof of your condition. A medical professional could, for instance, be able to demonstrate that your pain is a result of your service-related injury, and is in a way limiting. They might be able assist you in obtaining the medical records needed to prove your claim.