Sibyl Sennitt спросил 8 месяцев назад
veterans disability lawsuits (this content) — Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is the reason you need a attorney who is accredited to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies 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. He alleges that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School veterans disability lawsuit Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for benefits it has denied him, and to modify their policies regarding race, discharge status, Veterans Disability Lawsuits and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans disability law firms, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This «bad paper» kept him from receiving home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories through each application and re-application to receive benefits, the suit says.
The lawsuit seeks financial damages and also to order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them deserve truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This isn’t the case. Congress carefully designed 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 decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous path.
He was denied benefits at a higher rate than white peers. The discrimination was racial and veterans disability lawsuits 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. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA’s Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you’re considering appealing an appeal, it’s important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives a fair hearing.
A qualified lawyer can examine the evidence used to back your claim and provide new and additional evidence when needed. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstances. This could be a great advantage in your appeals.
A veteran’s claim for disability is often denied because the agency didn’t accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to get the benefits you’re entitled to. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. A medical professional is one example. They may be able to demonstrate that your pain is due to the injury you sustained while working and is disabling. They may also be able assist you in obtaining the medical records needed to support your claim.