Why Nobody Cares About Veterans Disability Attorney
veterans disability attorneys disability lawsuits (Www.petinnate.Com) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money often rely on their benefits. This is why you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with the cost of.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed 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 during the last three decades.
Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He is requesting that the VA compensate him for the benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed 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 percent higher than white veterans.
Discrimination due to PTSD
According to a lawsuit filed on Monday that 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 a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans disability lawyers.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatic memories each time he applied and re-application for benefits, the suit states.
The lawsuit is seeking monetary damages and also to decide to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt 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
Anyone who was in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members except for alimony or child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding journey.
He was denied benefits at an rate that was much higher than white people. The discrimination was racial and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an assessment made by the agency. If you're considering appealing a decision, it is important to appeal as soon as possible. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is in line with all the requirements and that it receives a fair hearing.
A competent lawyer will review the evidence used to prove your claim, and if necessary, submit additional evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be an important benefit to your appeals.
One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't properly defined their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will also be able of working with medical professionals to provide additional proof of your situation. For example an expert in medicine might be able prove that the pain you are experiencing is related to your service-connected injury and is disabling. They might be able assist you in getting the medical records required to prove your claim.