veterans disability compensation (click through the following post) Disability Lawsuits — Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans disability attorney to make money often use their benefits. This is why you require an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has won a major victory. But it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.
Monk, a former psychiatrist, has claimed that discrimination by VA has led him, and others of black veterans disability lawsuit, to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to pay him back the benefits that it has denied him, and to alter their policies on race, 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 submitted on behalf of National Veterans Council for Legal Redress and 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 black veterans was 6.3% higher than for white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday that the veterans disability legal Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and veterans disability Compensation other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This «bad paper» prevented him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most painful memories with each application and re-application to receive benefits, the suit claims.
The lawsuit seeks financial damages, and wants the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served in the military, or those who accompanied them, deserve to know the truth about the benefits for veterans disability claim with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans disability attorneys‘ funds from claims of family members and creditors with the exception of alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, however he received a discharge that was less than honorable because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous route.
He was denied benefits at a much greater rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as soon as you can. An experienced lawyer in appeals to veterans’ disability cases can assist you in ensuring that your appeal is in line with all requirements and it receives a fair hearing.
A competent lawyer will review the evidence that supports your claim and, if necessary, submit additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstance. This can be a valuable asset in your appeals.
A veteran’s claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified attorney will be able work with medical professionals to provide additional evidence of your situation. For example, a medical expert might be able demonstrate that the pain you experience is due to your service-related injury and that it is causing disability. They might also be able to assist you obtain the medical records required to support your claim.