Why You Should Concentrate On Enhancing Veterans Disability Attorney
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. You should hire an attorney who is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has won a major victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.
Monk, an ex-psychiatric nurse and retired, says that the 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 demands that the agency pay him back for benefits that it has taken him out of and to alter its policies on 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 which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
PTSD Discrimination
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.
The lawsuit seeks monetary damages and wants the court require the VA to examine the the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served their nation in uniform and those who are their companions deserve honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims made by family members and creditors, except for child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and arduous path.
He was denied services at the rate of significantly more than his white peers. This discrimination against blacks was widespread and widespread, as per 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 suit claims that the VA was aware of 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'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 crucial to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal is in line with all the requirements and it gets a fair hearing.
A qualified lawyer can review the evidence to support your claim, and if needed, provide additional and more convincing evidence. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be a huge benefit in your appeals process.
A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A professional attorney will also be able to work with medical experts to provide additional proof of your condition. For example medical experts might be able prove that the pain you feel is due to your service-related injury and that it is disabling. They might also be able help you get the medical records needed to support your claim.