• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

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

Attorneys who profit from disabled veterans to make money often rely on their benefits. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the 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 greater rate than white veterans during the last three decades.

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He wants 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 information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans disability lawyer were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on 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 housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans disability lawsuit.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks financial damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were 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 biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed 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 knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

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

A qualified lawyer can review the evidence used to prove your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your situation. This can be a huge asset in your appeals process.

One of the primary reasons a veteran's disability claim can be denied is because the agency hasn't correctly defined their condition. A qualified attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. An experienced attorney will be able work with medical experts to provide additional evidence of your situation. A medical expert, for example, may be able to demonstrate that your pain is caused by your service-related injury and that it is debilitating. They may assist you get the medical records that are required to support your claim.