Its History Of Veterans Disability Attorney
veterans disability attorney Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You should hire an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He wants the agency to reimburse him for benefits he was deprived of and to alter its 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 made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.
He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. He also suffered significant emotional harm as he relived some of his most traumatic memories in each application and re-application for benefits, the suit says.
The lawsuit seeks monetary damages, and wants the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them need honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans disability lawsuit (http://gwwa.yodev.Net/)' compensation from claims of family members and Veterans disability Lawsuit creditors in the case of alimony or child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but was discharged that was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according to 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 alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing an appeal, it's essential to do so immediately. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal is compliant with all the requirements and that it receives a fair hearing.
A competent lawyer will review the evidence to support your claim, and if needed, provide new and additional proof. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This could be a great advantage in the appeals process.
A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will be able to collaborate with medical professionals to provide additional proof of your situation. For example an expert in medicine could be able to prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They could be able to assist you in obtaining the medical records needed to prove your claim.