Rocky Witte спросил 6 месяцев назад
Veterans Disability Lawsuits — Why You Need a Lawyer Who is Accredited to Handle veterans disability law firm Disability Lawsuits
Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed dozens of people has a huge victory. But it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.
Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to reimburse him for benefits he was deprived of and to alter its policies on race as well as discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and Veterans Disability Lawsuits equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honourable. This «bad paper» prevented him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm from reliving some of his most painful memories in each application and re-application for benefits, the suit states.
The lawsuit seeks financial damages and wants the court orally order the VA to review systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women’s Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that the state courts can take away veterans’ VA compensation to pay for alimony and child support. It’s not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans’ payment from claims made by creditors and family members with the exception of alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied benefits at an rate that was much higher than his white peers. The discrimination was racial and widespread, as per the lawsuit brought on behalf of him by the National veterans disability lawyer Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.
Appeal
The VA’s Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and it receives a fair hearing.
A lawyer with experience can look over the evidence to support your claim and, should it be necessary, present additional evidence. A lawyer also knows the difficulties involved in dealing with the VA and could create a higher level of empathy for your circumstance. This can be a huge benefit in your appeals process.
A veteran’s claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A reputable lawyer will also be able to consult with medical professionals to provide additional evidence of your medical condition. For example an expert in medicine could be able to prove that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They might also be able help you obtain the medical records that are required to prove your claim.