Write About Everything

veterans disability Lawsuits [mariskamast.net] – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He demands that the agency pay him back for benefits it has deprived him of and to alter its policies regarding race discharge status, Veterans Disability Lawsuits 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorneys 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 black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honorable. This “bad paper” kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with every application for benefits.

The lawsuit seeks monetary damages and seeks the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women’s Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them require truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can take away veterans’ VA compensation to pay for child support and alimony. It’s not true. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans disability lawsuit‘ payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you’re thinking of appealing an appeal, it’s crucial to file an appeal as soon as you can. A lawyer with experience in appeals to veterans’ disability cases can assist you in ensuring that your appeal complies with all the requirements and you are given a fair hearing.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence and documentation should it be required. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This can be a huge advantage during your appeals procedure.

A veteran’s claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated, Veterans Disability Lawsuits which will allow you to obtain the benefits you require. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your health condition. For instance medical experts could be able to prove that the pain you feel is a result of your service-connected injury and that it is disabling. They may be able to assist you in obtaining the medical records needed to prove your claim.