Noble McCorkle спросил 5 месяцев назад
Veterans Disability Lawsuits — Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won a major victory. But it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans 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 during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for the benefits it has not provided him and to amend their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of 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 claim 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 based on PTSD
According to a lawsuit filed on Monday 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 as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black greenville veterans disability attorney.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. That «bad paper» did not allow him to get aid for tuition, mountain home veterans disability law firm loans and other benefits.
He sued the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on every application for benefits.
The lawsuit seeks financial compensation and also asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women’s Action Network to demand the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that courts in the state can confiscate veterans’ VA compensation to pay for child support and alimony. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from family members and creditors 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 out of conflict zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.
He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. It is important to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.
A licensed lawyer can examine the evidence used to prove your claim, and when necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the VA’s issues can be more sympathetic to your circumstance. This can be a significant asset in your appeals.
One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly classified their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified attorney will be able work with medical professionals to provide additional proof of your health condition. A medical expert for instance, might be able to prove that your pain is a result of your service-related injury and is in a way limiting. They might assist you get the medical records that are needed to support your claim.