veterans disability lawsuits (
Jejucordelia.com) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money often rely on their benefits. You require an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier crash that killed a number of people has been awarded a significant victory. But it comes at 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 VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the VA to pay him back the benefits it has denied him, and to modify their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for
veterans disability lawyer of color was 6.3% higher than for white veterans.
Discrimination against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have previously denied claims made by Black veterans in adisproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most painful memories with each application and re-application for benefits, the suit claims.
The lawsuit seeks financial compensation and asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or who accompanied those who served in the military, need to know the truth about
veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult road.
He was denied at an rate that was much higher than white people. This discrimination against blacks was widespread and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A competent lawyer will review the evidence that supports your claim, and if necessary, submit new and additional evidence. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstances. This can be a valuable asset in your appeals.
A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your condition. For instance medical experts could be able to prove that the pain you are experiencing is related to your service-connected injury and is causing you to be disabled. They might also be able to help you get the medical records required to prove your claim.
