14 Smart Ways To Spend Your On Leftover Veterans Disability Attorney Budget
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans disability law firms with disabilities to make profits often make use of their benefits. You need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash which killed dozens has a huge victory. However, it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and 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, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA reimburse him for benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans 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 suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims made by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages and wants the court orally order the VA to look into systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by creditors and family members, except for alimony and child support.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult road.
He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic and widespread, as per 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. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black veterans disability lawyer. It seeks redress for Monk and other veterans like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing a decision, it is essential to do so as soon as possible. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal complies with all the requirements and that it is heard in a fair manner.
A qualified lawyer is able to examine the evidence used to support your claim and submit new and additional evidence should it be required. A lawyer will also know the challenges involved in dealing with the VA and can lead to a greater level of empathy for your situation. This could be a great asset in your appeals.
One of the main reasons that a veteran's claim for disability is denied is because the agency has not correctly described their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your health condition. For example an expert in medical practice could be able to prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They might also be able to help you get the medical records required to support your claim.