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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire 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 an important 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 when it denies their disability claims in a manner that 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 higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. Monk wants the VA to compensate him for the benefits it has denied him and to change 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 that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorneys, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans disability attorneys.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.
The lawsuit seeks monetary damages and wants the court decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most popular myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by creditors and family members in the case of alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according 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. The lawsuit claims that the VA was aware of but 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 reviews claims for benefits if an applicant disagrees with an assessment made by the agency. If you're considering appealing an appeal, it's crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an impartial hearing.
A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence, should it be required. A lawyer who knows the VA's challenges can be more sympathetic to your circumstances. This could be a valuable asset in your appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able to prove that your pain is caused by your service-related injury and is disabled. They may also be able assist you in getting the medical records you require to prove your claim.
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire 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 an important 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 when it denies their disability claims in a manner that 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 higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. Monk wants the VA to compensate him for the benefits it has denied him and to change 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 that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorneys, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans disability attorneys.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.
The lawsuit seeks monetary damages and wants the court decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most popular myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by creditors and family members in the case of alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according 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. The lawsuit claims that the VA was aware of but 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 reviews claims for benefits if an applicant disagrees with an assessment made by the agency. If you're considering appealing an appeal, it's crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an impartial hearing.
A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence, should it be required. A lawyer who knows the VA's challenges can be more sympathetic to your circumstances. This could be a valuable asset in your appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able to prove that your pain is caused by your service-related injury and is disabled. They may also be able assist you in getting the medical records you require to prove your claim.
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