25 Surprising Facts About Veterans Disability Attorney
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from Veterans Disability lawsuit with disabilities to make money often use their benefits. This is why you should hire an attorney that is certified to handle 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 crash has won an important victory. But it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of veterans disability attorney Affairs discriminates against Black veterans by refusing 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. Monk claims VA has denied his disability claims at a much 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 disability settlement Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, home life work, education, and employment. He wants the agency to reimburse him for benefits he was deprived of, and to modify its policies on race, discharge status and Veterans Disability Lawsuit denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.
He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional damage from having to relive the most traumatic memories with each application and re-application for benefits the suit states.
The lawsuit seeks monetary damages and also to order the VA to examine its the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans disability legal who were in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous journey.
He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according 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 claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing the decision, it is crucial to file an appeal as soon as possible. An experienced lawyer in appeals for veterans disability lawyer disability will help you ensure that your appeal complies with all the requirements and that it is heard in a fair manner.
A licensed lawyer can examine the evidence that supports your claim and, if needed, provide new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This could be a valuable asset in your appeals process.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your condition. For example an expert in medicine could be able to prove that the pain you experience is due to your service-related injury and is causing impairment. They might assist you get the medical records that are required to prove your claim.
