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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (visit this site right here)
Attorneys who exploit disabled veterans to make money frequently use their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School veterans disability lawyer 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 retired psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to compensate him for the benefits it has denied him and to amend their policies on race and discharge status as well as 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 results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than honourable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He sued the military to rescind 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 also suffered emotional harm by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks financial damages and wants the court require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them need truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most common myths is that veterans may have their VA compensation seized 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 protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and Veterans Disability Lawsuits troops out of combat zones. He was awarded several medals, but his discharge was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white counterparts. 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, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as soon as you are able. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is in line with all requirements and ensure that it is heard in a fair manner.
A licensed lawyer can examine the evidence to support your claim and, should it be necessary, present additional and more convincing evidence. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This can be an invaluable advantage during your appeals procedure.
One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will also be able to work with medical experts to provide additional evidence of your condition. A medical expert for instance, might be able show that the pain you are experiencing is due to the injury you sustained while working and is debilitating. They might be able assist you in obtaining the medical records needed to support your claim.