작성자 Toni   조회Hit 74   작성일2024-04-11

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawyer Disability Lawsuits

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed dozens of people has a huge victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, 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 greater 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, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. Monk wants the VA to pay him back the benefits it has not provided him, and to alter their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have rejected claims submitted by Black veterans disability lawyers in adisproportionate way.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered significant emotional trauma from reliving the most traumatic memories through each application and re-application for benefits the suit claims.

The lawsuit seeks damages in the form of money and seeks the court to order 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 force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and 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 Veterans Disability Lawsuits troops from combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a higher rate than his white counterparts. 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 discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing a decision, it is important to appeal in the earliest time possible. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A qualified lawyer is able to examine the evidence used to back your claim and provide additional evidence and documentation when needed. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstances. This could be a great asset in your appeals process.

One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't properly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. An experienced attorney will be able work with medical experts to provide additional evidence of your condition. For example, a medical expert could be able to prove that the pain you are experiencing is a result of your service-connected injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.