Why You Should Forget About Improving Your Veterans Disability Attorney
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is why you need an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed a number of people has won a significant victory. But it comes at a price.
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. He claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to reimburse him for the benefits they have denied him, and to alter their policies on race and discharge status as well as 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans disability law firms than it was for white veterans.
Discrimination in PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting aid for tuition, Veterans Disability Lawsuits home loans and other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm from reliving the most traumatic memories in each application and re-application for benefits the suit states.
The lawsuit seeks monetary damages and asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served in the military or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans disability law firm' payment from claims brought by creditors and family members including alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, 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 triggered by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied at an amount that was significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as swiftly as you can. A lawyer with experience in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and it is heard in a fair manner.
A qualified lawyer can examine the evidence used to justify your claim and present additional evidence if necessary. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This could be a great benefit to your appeals.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and Veterans Disability Lawsuits rated, allowing you to get the benefits you need. A reputable lawyer will also be able to work with medical experts to provide additional proof of your medical condition. For example an expert in medical practice might be able prove that the pain you are experiencing is due to your service-related injury and is causing you to be disabled. They might be able assist you in obtaining the medical records needed to support your claim.