10 Apps To Help Manage Your Veterans Disability Attorney
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You require an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash which killed dozens has been awarded a significant victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly 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 alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He is requesting that the VA pay him back the benefits they have denied him and to change their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories each time he applied and re-application, the suit claims.
The lawsuit seeks damages in the form of money and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform and those who accompany them need truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, however he received a discharge that was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than white counterparts. This discrimination against Blacks was systematic and pervasive, according 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 alleges that the VA was aware of and failed to address decades of discrimination against Black veterans disability lawsuit (http://forum.prolifeclinics.ro/). It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.
A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence when needed. A lawyer will also know the difficulties of dealing with the VA and can increase the level of empathy for your situation. This can be a significant benefit in your appeals.
A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. A qualified attorney will also be able to work with medical professionals to provide additional proof of your medical condition. For instance medical experts may be able to show that the pain you experience is related to your service-connected injury and is causing impairment. They may also be able to assist you get the medical records required to support your claim.