Its History Of Veterans Disability Attorney
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money frequently use their benefits. You should hire an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier collision has won a major victory. But it comes with a substantial price tag.
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, according to a lawsuit filed 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 higher rate than those of 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 former psychiatrist, has claimed that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits they have denied him, and to alter their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans disability lawyer, as per a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans disproportionately.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm from reliving the most traumatic memories each time he applied and re-application, the suit states.
The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine the systemic 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 long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform, or who accompany them require truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors except for Veterans disability lawsuits alimony or child support.
Conley Monk, a devoted volunteer for Veterans Disability Lawsuits his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous path.
He was denied benefits at an rate that was much higher than white people. According to the lawsuit filed 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. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans disability attorneys. It seeks to redress Monk and other veterans similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. If you are considering appealing the decision, it is important that you do so in the earliest time possible. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal is in line with all the requirements and it gets a fair hearing.
A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit new and additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstances. This can be a huge benefit in your appeals process.
A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. A medical professional for instance, might be able prove that the pain you are experiencing is due to the injury you sustained while working and is disabling. They may also be able assist you in obtaining the medical records needed to support your claim.