logo

7 Simple Changes That'll Make A Big Difference In Your Veterans Disabi…

본문

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

Attorneys who profit from veterans with disabilities to make money often use their benefits. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier collision has won a major victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing 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 in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He would like the VA to reimburse him for benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyers Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional damage from having to relive the most traumatic memories through each application and re-application, the suit states.

The lawsuit seeks monetary damages and wants the court order the VA to review the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them require honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long, winding road.

He was denied benefits at a more frequent rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. If you're thinking of appealing an agency decision, it's important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit new and additional evidence. A lawyer who knows the VA's issues can be more understanding of your circumstance. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you are experiencing is a result of your service-connected injury and that it is disabling. They might also be able to help you get the medical records required to prove your claim.

select count(*) as cnt from g5_login where lo_ip = '3.15.31.22'

145 : Table './baghug77/g5_login' is marked as crashed and should be repaired

error file : /bbs/board.php