veterans disability attorney Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
Veterans Disability LawsuitsAttorneys who profit from disabled veterans to make profits often make use of their benefits. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. However, it comes with a substantial 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 the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He demands that the agency compensate him for benefits he was deprived of and to alter its policies regarding race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as 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. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as 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 served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.
The lawsuit seeks financial compensation and seeks the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Those who have served our nation in uniform, or who accompany them deserve honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members with the exception of alimony and child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was not honorable as there were two battles because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous path.
He was denied benefits at a higher rate than white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.
Appeals
The VA Board of
veterans disability lawsuits Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. If you're thinking of appealing the decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.
A lawyer with experience can look over the evidence to support your claim and, should it be necessary, present new and additional proof. The lawyer will also understand the difficulties of dealing with the VA and could lead to a greater level of empathy for the situation. This could be a valuable benefit in your appeals process.
One of the primary reasons a veteran's disability claim is denied is because the agency hasn't correctly classified their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional evidence of your health condition. For instance an expert in medicine could be able to prove that the pain you experience is due to your service-related injury and that it is disabling. They may also be able to assist you get the medical records required to support your claim.