Piper Goudie ha scritto 2 giorni fa
veterans disability lawsuits (recent post by users.atw.hu) – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you require a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a price.
Class Action Settlement
According to a lawsuit filed Monday 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, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the agency to pay him back for benefits it has deprived him of and to amend its policies on race, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination due to PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This “bad paper” kept him from receiving loans for homes, tuition aid 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 says the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatic memories with each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and also asks the court’s order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women’s Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans disability lawyers from claims made by creditors and family members with the exception of alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge after getting into two fights 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 access at a rate significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeals
The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.
A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present new and additional proof. A lawyer also knows the difficulties of dealing with the VA and could increase the level of understanding for your situation. This can be a significant asset in your appeals.
A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to get the benefits you’re entitled to. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your medical condition. For example an expert in medical practice may be able to show that the pain you feel is due to your service-related injury and that it is causing you to be disabled. They could be able to assist you in obtaining the medical records needed to support your claim.