10 Things You Learned In Preschool That ll Help You With Veterans Disability Attorney

From MMA Tycoon Help
Jump to navigation Jump to search

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision which killed dozens has been awarded a significant victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing 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 claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School veterans disability lawsuit Legal Services Clinic.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to compensate him for the benefits that it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites 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 truck that was shot and assisting in the transportation of troops and equipment to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to review systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them need truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans against claims from family members and creditors including alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, but was later awarded a less than honorable discharge when he got into two fights caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a greater rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an opinion of the agency. If you're thinking of appealing a decision, it is essential to do so as soon as possible. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal meets all requirements and ensure that it gets a fair hearing.

A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer also knows the challenges of dealing with the VA and this could lead to a greater level of empathy for your situation. This can be a significant benefit in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency has not correctly defined their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A professional attorney will also be able work with medical experts to provide additional evidence of your condition. A medical expert, for example, may be able prove that your pain is due to your service-related injury and is debilitating. They might also be able to help you get the medical records that are required to prove your claim.