Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits (
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Attorneys who profit from disabled
veterans disability attorney to make money frequently use their benefits. You need an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed dozens of people has won a significant victory. But it comes at the cost of.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans. 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He demands that the agency reimburse him for benefits he has been deprived of and to alter its policies regarding race discharge status, 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 which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most painful memories in each application and re-application, the suit states.
The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served in the military or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. 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 not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment against claims from family members and creditors with the exception of alimony and child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white peers. The discrimination was racial 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 suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of
veterans disability attorney Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.
A lawyer with experience can look over the evidence used to prove your claim and, when necessary, submit additional evidence. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This could be a great advantage during your appeals procedure.
One of the most frequent reasons a veteran's disability claim is denied is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your medical condition. A medical expert, for example, may be able to prove that your pain is due to your service-related injury, and is debilitating. They might also be able to help you obtain the medical records required to prove your claim.