The Most Worst Nightmare About Veterans Disability Attorney Relived
Veterans 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 as a way to earn money. This is why you require a attorney who is accredited to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won a major victory. However, it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed Monday 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 more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. Monk wants the VA to pay him back for Veterans Disability Lawsuits benefits it has deprived him of and to amend its policies regarding race discharge status, 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 disability attorney Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorneys, according to a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given a less-than-honorable military discharge in 1971. The "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 range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks financial compensation and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who accompany them deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but he received a discharge that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a greater 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 racial bias was systemic and widespread. The suit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.
A lawyer who is qualified will be able to review the evidence that was used to justify your claim and Veterans Disability Lawsuits present new and additional evidence when needed. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This can be an important asset in your appeals.
A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A qualified attorney will be able work with medical professionals to provide additional evidence of your situation. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is disabling. They may also be able to assist you get the medical records that are required to support your claim.