veterans disability lawsuits (
relevant resource site) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. This is why you should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched a major 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 higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. Monk wants the VA to repay him for the benefits he has been deprived of and to alter its policies on race as well as discharge status and denial rates.
Monk and the Veterans 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 made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination due to PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.
He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving the most painful memories with each and every application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. 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 the long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their impact on money issues in divorce. One of the most commonly held misconceptions is that state courts can confiscate
veterans disability attorney' 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 safeguard veterans' payments from claims by family members and creditors with the exception of child support and alimony.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied services at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
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. It is essential to appeal a decision as quickly as you can. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.
A licensed lawyer will be able to review the evidence used to back your claim and provide new and additional evidence in the event of need. A lawyer will also know the difficulties involved in dealing with the VA, and this can lead to a greater level of empathy for your situation. This could be a great benefit in your appeals process.
One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly defined their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified lawyer will be able of working with medical specialists to provide additional evidence of your condition. A medical professional, for example, may be able to prove that your pain is caused by the injury you sustained while working and is disabling. They may be able to assist you in getting the medical records required to prove your claim.
