Veterans Disability Attorney: The Good The Bad And The Ugly
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits [www.moaprint.Com]
Attorneys who profit from disabled veterans to make profits often make use of their benefits. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. But it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. 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 much more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, Veterans Disability Lawsuits a former psychiatrist, says that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the VA to pay him back the benefits they have denied him, and to modify their policies on race and discharge status as well as denial rates.
In the past 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 be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have previously denied claims made by Black veterans disability law firms in adisproportionate way.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each and Veterans Disability Lawsuits every application for benefits.
The lawsuit seeks monetary damages and seeks to have the court require the VA to look into 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 victims 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 financial issues. One of the most common myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members including alimony and child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later his discharge was less than honorable because he was battling two times because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous route.
He was denied benefits at a higher rate than white counterparts. The discrimination was racial 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. It claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.
A qualified lawyer can examine the evidence that was used to support your claim and submit additional evidence if necessary. A lawyer who understands the VA's challenges can be more sympathetic to your circumstances. This can be a valuable advantage in your appeals.
A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. An experienced attorney will be able work with medical experts to provide additional proof of your health condition. A medical expert, for example, may be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabling. They might assist you obtain the medical records that are needed to support your claim.
