Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
veterans disability attorney Disability Lawsuits
veterans disability lawyer with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has won a significant victory. But it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. 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 much higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to pay him back the benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans in adisproportionate way.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories with each application and re-application for benefits, the suit claims.
The lawsuit seeks financial damages and wants the court order the VA to review systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, however he received a discharge that was less than honorable because he was battling two times because of a post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied benefits at an rate that was much higher 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 discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. If you're thinking of appealing an appeal, it's essential to do so immediately. An experienced lawyer in appeals for veterans disability -
visit the following web site, can assist you in ensuring that your appeal is compliant with all requirements and ensure that it gets a fair hearing.
A qualified lawyer can review the evidence used to prove your claim, and when necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties of dealing with the VA and this could increase the level of empathy for your situation. This could be a great asset in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. For instance, a medical expert might be able prove that the pain you suffer is a result of your service-connected injury and is causing disability. They may assist you obtain the medical records required to support your claim.