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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 the reason you need an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched a major victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He demands that the agency pay him back for benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status, and denial rates.
Last 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. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black Veterans disproportionately.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial damages and seeks to have the court require the VA to review systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, deserve to know 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 take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors except for alimony or child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to get the VA to accept disability compensation.
He was denied at an amount that was 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 discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you can. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and you are given a fair hearing.
A qualified lawyer can review the evidence to support your claim, and if needed, provide new and additional proof. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be a significant benefit to your appeals.
A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will be able to work with medical experts to provide additional evidence of your condition. For example medical experts might be able prove that the pain you experience is a result of your service-connected injury and is causing disability. They may also be able assist you in obtaining the medical records needed to support your claim.
Attorneys who profit from veterans with disabilities to make money often use their benefits. This is the reason you need an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched a major victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He demands that the agency pay him back for benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status, and denial rates.
Last 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. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black Veterans disproportionately.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial damages and seeks to have the court require the VA to review systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, deserve to know 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 take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors except for alimony or child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to get the VA to accept disability compensation.
He was denied at an amount that was 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 discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you can. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and you are given a fair hearing.
A qualified lawyer can review the evidence to support your claim, and if needed, provide new and additional proof. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be a significant benefit to your appeals.
A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will be able to work with medical experts to provide additional evidence of your condition. For example medical experts might be able prove that the pain you experience is a result of your service-connected injury and is causing disability. They may also be able assist you in obtaining the medical records needed to support your claim.
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