Jaimie Hancock asked 1 month ago
veterans disability (check out the post right here) Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make profits often make use of their benefits. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. But it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed on Monday, 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, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an 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, homes work, education and employment. He is requesting that the VA compensate him for benefits he has been deprived of and to change its policies on race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the 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 from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans disability law firms.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, Veterans Disability and received an unworthy military discharge in 1971. This “bad paper” prevented him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.
The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to examine the systemic 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 long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most popular myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans’ compensation from claims of creditors and family members other than alimony and veterans Disability child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then he received a discharge that was less than honorable because he was battling two times because of a post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and winding road.
He was denied benefits at a higher rate than white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.
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 are considering appealing an agency decision, it’s essential to do so as soon as you can. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal meets all requirements and ensure that you are given a fair hearing.
A lawyer with experience can look over the evidence to support your claim, and when necessary, submit new and additional evidence. A lawyer will also know the difficulties involved in dealing with the VA and this could result in a greater degree of empathy for the situation. This could be a great advantage in your appeals.
One of the main reasons a veteran’s disability claim is denied is because the agency has not properly described their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional evidence of your health condition. A medical professional is one example. They may be able prove that your pain is a result of your service-related injury, and is disabled. They might be able assist you in getting the medical records required to support your claim.