Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Spotswood Veterans Disability Law Firm Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often use their benefits. You need an attorney that is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed a number of people has a huge victory. However, it comes at the cost of.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims 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 a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He is requesting that the VA compensate him for benefits he has been deprived of and to alter 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, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims filed by Black veterans in adisproportionate manner.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This “bad paper” hindered him from receiving the home loan, tuition assistance and other benefits.
He sued the military to overturn the discharge and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered severe emotional harm as he relived the most traumatic memories through each application and re-application for benefits the suit says.
The lawsuit seeks damages in the form of money and also asks the court’s order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
fellsmere veterans disability law firm who have served our nation in uniform, or who are their companions deserve truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to 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 the payment of veterans from claims brought by creditors and family members with the exception of alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a rate significantly higher than his white peers. This racial discrimination was systemic 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 claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other fort lauderdale veterans disability lawsuit.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as fast as you can. A lawyer with experience in appeals to veterans’ disability cases can help ensure that your appeal is in line with all requirements and it gets a fair hearing.
A qualified lawyer can review the evidence that was used to prove your claim and then submit additional evidence, should it be required. The lawyer will also understand the challenges of dealing with the VA and could lead to a greater level of empathy for the situation. This could be a great benefit in your appeals process.
One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn’t correctly characterized their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A professional attorney will also be able to work with medical experts to provide additional evidence of your condition. A medical professional could, for instance, be able to prove that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They might also be able help you obtain the medical records required to prove your claim.
