veterans disability law firm Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsVeterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You require an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an air carrier crash that killed dozens of people has won a significant victory. However, it comes with the cost of.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to pay him back the benefits that it has denied him, and to modify their policies on race, discharge status, and denial rates.
Monk and the
veterans disability attorneys 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 submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. In addition, 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 the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm from reliving the most traumatic memories through each application and re-application for benefits, the suit claims.
The lawsuit seeks monetary damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims brought by family members and creditors, except for child support and alimony.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied at an amount that was significantly higher than white people. 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 discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.
A lawyer who is qualified can review the evidence that was used to justify your claim and present additional evidence if necessary. The lawyer will also understand the difficulties involved in dealing with the VA, and this can increase the level of empathy for your circumstance. This could be a valuable benefit in your appeals process.
One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your condition. A medical expert could, for instance, be able prove that your pain is caused by your service-related injury, and is disabling. They might also be able to help you obtain the medical records required to prove your claim.