Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits – gpnmall.Gp114.net –
Attorneys who exploit disabled veterans to make money often rely on their benefits. You require an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to compensate him for the benefits that it has denied him and to change their 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 data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This “bad paper” kept him from receiving home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge, and received a full 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. He also suffered significant emotional trauma from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit states.
The lawsuit seeks monetary damages and asks the court to orally order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort 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
People who have served their nation in uniform, or who accompany them deserve truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. It’s not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans’ funds from claims of family members and creditors other than alimony and child support.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and arduous route.
He was denied benefits at a much greater rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans disability lawyers.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an opinion of the agency. If you’re considering appealing the decision, it is important to appeal in the earliest time possible. A lawyer with experience in appeals for veterans disability lawyer disability can help you ensure that your appeal complies with all the requirements and that it gets a fair hearing.
A lawyer who is qualified can review the evidence used to back your claim and provide new and additional evidence when needed. The lawyer will also understand the challenges involved in dealing with the VA and could increase the level of empathy for your situation. This can be a valuable benefit to your appeals.
One of the most frequent reasons that a veteran’s claim for disability is rejected is because the agency has not properly defined their condition. A skilled attorney can make sure that your condition is properly classified and rated, allowing you to get the benefits you require. A professional attorney will also be able to work with medical professionals to provide additional proof of your health condition. A medical expert could, for instance, be able prove that your pain is a result of your service-related injury and that it is in a way limiting. They may be able to assist you in getting the medical records required to prove your claim.
