Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle
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Veterans with disabilities are often taken advantage of by lawyers 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 as well as post-traumatic disorder and other mental disorders related to an air carrier crash which killed dozens has been awarded a significant victory. However, it comes at the cost of.
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 a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black
veterans disability lawyers, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the agency to pay him back for benefits that it has taken him out of, and to modify its policies on race, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information 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 results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk volunteered to serve 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 awarded an unjust discharge that was not honourable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.
He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages, and wants the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform and those who are their companions deserve truthful information about the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by creditors and family members with the exception of child support and alimony.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however was discharged that was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and difficult path.
He was denied access at an rate that was much higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you can. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal complies with all requirements and ensure that it receives a fair hearing.
A lawyer with experience can look over the evidence used to support your claim,
Veterans Disability Lawsuits and if necessary, submit new and additional proof. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be a significant asset in your appeals.
One of the main reasons that a veteran's claim for disability is denied is because the agency has not correctly described their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A lawyer who is qualified will be able to consult with medical experts to provide additional evidence of your condition. For instance medical experts might be able prove that the pain you feel is due to your service-related injury and that it is causing impairment. They might assist you obtain the medical records that are required to support your claim.