There Is No Doubt That You Require Veterans Disability Attorney
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often taken advantage of by lawyers who use 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 suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won a major victory. However, it comes with a significant cost.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, 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 during the past three decades.
Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. He wants the agency to repay him for the benefits it has deprived him of and to amend its policies on race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed 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 access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional trauma from reliving the most traumatic memories each time he applied and re-application, the suit says.
The lawsuit seeks damages in the form of money and veterans disability lawsuits seeks the court's order for the VA to review 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
The veterans who have served our nation in uniform and those who accompany them need honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims brought by family members and creditors including child support and alimony.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and winding route.
He was denied at an amount that was significantly higher than white people. The discrimination was racial and widespread, according to the lawsuit brought on his behalf 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 deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.
A qualified lawyer is able to examine the evidence that was used to justify your claim and present additional evidence and documentation should it be required. A lawyer who understands the VA's challenges can be more sympathetic to your situation. This could be a great advantage in the appeals process.
One of the main reasons a veteran's disability claim is rejected is because the agency has not properly classified their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A professional attorney will also be able work with medical professionals to provide additional evidence of your situation. For instance medical experts might be able demonstrate that the pain you feel is due to your service-related injury and is causing disability. They may assist you get the medical records that are required to support your claim.