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

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You need an attorney who is licensed to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying 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 the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. Monk wants the VA to compensate him for benefits it has deprived him of, and to modify its policies regarding race as well as 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 through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans disability lawsuit. The suit is filed by an ex- 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 points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than honorable. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional harm from reliving some of his most traumatizing memories with each application and re-application, the suit says.

The lawsuit is seeking monetary damages and asks the court to decide to require the VA to look into systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk volunteered 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 was later issued 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, difficult road to convince the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought 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 knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

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

A licensed lawyer is able to examine the evidence used to back your claim and provide additional evidence in the event of need. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstances. 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 qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your condition. A medical professional is one example. They may be able prove that the pain you are experiencing is due to your service-related injury and is debilitating. They may also be able to help you get the medical records needed to support your claim.