Veterans Disability Attorney 10 Things I d Loved To Know Earlier
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (she said)
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. This is the reason you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash that killed a number of people has won a major victory. But it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed 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 significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.
Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He demands that the agency reimburse him for benefits he has been deprived of and to change its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.
The lawsuit is seeking monetary damages and wants the court orally order the VA to look into systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most common myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors other than alimony and child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous 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, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much higher 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, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like him.
Appeal
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. If you are considering appealing a decision, it is essential to do so as soon as you can. A lawyer with experience in appeals to veterans disability attorney' disability cases can assist you in ensuring that your appeal meets all requirements and it is heard in a fair manner.
A lawyer with experience can look over the evidence to support your claim, and when necessary, submit additional and more convincing evidence. A lawyer also knows the difficulties of dealing with the VA and could increase the level of empathy for your circumstance. This can be an invaluable asset in your appeals process.
One of the main reasons a veteran's disability claim can be denied is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you are experiencing is a result of your service-related injury and is causing impairment. They could be able to assist you in getting the medical records you require to prove your claim.