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veterans disability lawsuits (simply click the following site) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won a major victory. But it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
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 as well as their employment and education. He is requesting that the VA repay him for the benefits that it has taken him out of and to change its policies regarding race, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and 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. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.
He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine the the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who have served our nation in uniform and those who accompany them require honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the most common myths is that veterans disability lawyer can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members with the exception of child support and alimony.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white peers. This racial discrimination was systemic and pervasive, according 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 claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's important that you do so immediately. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal is compliant with all the requirements and that it receives a fair hearing.
A qualified lawyer can review the evidence used to prove your claim, and if needed, provide additional and more convincing evidence. The lawyer will also be aware of the difficulties of dealing with the VA and could increase the level of empathy for your situation. This could be a great benefit in your appeals.
A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able to work with medical professionals to provide additional evidence of your medical condition. For instance an expert in medical practice could be able to prove that the pain you suffer is related to your service-connected injury and is causing you to be disabled. They may also be able assist you in obtaining the medical records needed to prove your claim.