HOME

Veterans Disability Attorney: The Good, The Bad, And The Ugly

페이지 정보

작성자 Lynette 댓글 0건 조회 14회 작성일 24-06-25 11:02

본문

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

Attorneys who profit from disabled veterans to earn money often use their benefits. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed a number of people has won a major victory. But it comes with a significant cost.

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, according to a lawsuit filed 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, he claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk who is an a retired psychiatric nurse 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, employment and education. He wants the VA to reimburse him for benefits that it has denied him and to change 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 last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the 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 in PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most painful memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims brought by creditors and family members, except for alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an equitable hearing.

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This could be a great advantage in the appeals process.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your situation. For instance, a medical expert might be able demonstrate that the pain you experience is a result of your service-connected injury and is disabling. They might be able assist you in obtaining the medical records needed to support your claim.

댓글목록

등록된 댓글이 없습니다.