veterans disability lawsuits (http://mariskamast.net:/smf/index.php?action=profile;u=2597969) - Why You Need a Lawyer Who is Accredited to Handle veterans disability law firm Disability Lawsuits

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. This is why you should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision which killed dozens has won a major victory. But it comes at the cost of.

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, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.

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, homes as well as their education, employment and home. Monk wants the VA to pay him back for benefits he was deprived of and to change its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black veterans disability lawyers Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims made by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most painful memories in each application and re-application, the suit says.

The lawsuit seeks monetary damages and also to require the VA to examine the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may 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 the law that is found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf 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 failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. It is important to appeal a decision as soon as you can. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal meets all the requirements and it gets a fair hearing.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present new and additional evidence should it be required. The lawyer will also be aware of the challenges of dealing with the VA and could result in a greater degree of empathy for the situation. This can be an invaluable asset in your appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly characterized their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will be able to consult with medical experts to provide additional proof of your condition. A medical expert could, for instance, be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is debilitating. They might also be able to help you obtain the medical records needed to support your claim.