Incontestable Evidence That You Need Veterans Disability Attorney

Aus Nuursciencepedia
Zur Navigation springen Zur Suche springen

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

Attorneys who exploit veterans disability lawyer with disabilities to make profits often make use of their benefits. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won a major victory. But it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. 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 greater 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, 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, home or work and education. He is requesting that the VA repay him for the benefits he has been deprived of and to alter its policies regarding race, 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 by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans disability law firms.

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit says.

The lawsuit seeks financial compensation and seeks the court to require the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however was discharged that was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much greater 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 Disability Law Firms Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like 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. It is important to appeal a decision as quickly as you can. An experienced lawyer in veteran disability appeals will help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence that was used to justify your claim and present additional evidence in the event of need. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This can be an invaluable advantage during your appeals procedure.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A lawyer who is qualified will be able to work with medical specialists to provide additional proof of your situation. For example an expert in medical practice might be able demonstrate that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They might be able assist you in getting the medical records required to support your claim.