Why No One Cares About Veterans Disability Attorney
veterans disability lawsuits (Mallangpeach's website) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you require an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. However, it comes at the cost of.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, 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. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 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 Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.
The lawsuit is seeking monetary damages and also to orally order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who are their companions deserve honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members including child support and alimony.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long, winding journey.
He was denied benefits at a greater rate than his white peers. According to the lawsuit brought in his behalf by the National veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
Appeals
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 considering appealing the decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.
A lawyer who is qualified can review the evidence used to prove your claim and then submit additional evidence when needed. The lawyer will also understand the challenges of dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a significant benefit in your appeals.
A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional proof of your health condition. For instance, a medical expert could be able to prove that the pain you are experiencing is related to your service-connected injury and that it is disabling. They may also be able assist you in getting the medical records you require to prove your claim.