veterans disability lawsuits (
click the up coming webpage) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is the reason you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. However, it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically 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, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He is requesting that the VA pay him back for benefits that it has taken him out 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 by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination is based on PTSD
The
veterans disability law firm Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.
He sued the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.
The lawsuit is seeking monetary damages and asks the court to decide to require the VA to examine the the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them require truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members in the case of alimony or child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later he received a discharge that was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against Blacks was systematic and widespread, according to 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 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's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.
A lawyer who is qualified can examine the evidence that was used to back your claim and provide additional evidence, if necessary. A lawyer who knows the challenges of the VA will be more understanding of your situation. This could be a valuable advantage during your appeals procedure.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified attorney will be able work with medical experts to provide additional proof of your condition. A medical expert is one example. They may be able to prove that the pain you are experiencing is due to your service-related injury and is disabled. They may also be able help you obtain the medical records required to support your claim.
