Why Nobody Cares About Veterans Disability Attorney

提供: Ncube
移動先:案内検索

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater 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, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He wants the agency to reimburse him for benefits he was deprived of and to amend its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as 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 veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths 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 has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied benefits at a much greater rate than his 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 racial bias was systemic and widespread. It claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans disability lawsuit.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is essential to do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A licensed lawyer can examine the evidence that was used to prove your claim and then submit additional evidence in the event of need. The lawyer will also be aware of the difficulties of dealing with the VA and could result in a greater degree of empathy for your situation. This could be a valuable benefit in your appeals process.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will be able of working with medical specialists to provide additional evidence of your medical condition. For example an expert in medicine might be able prove that the pain you suffer is due to your service-related injury and is causing impairment. They could be able to assist you in getting the medical records you require to prove your claim.