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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 victimized by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed 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 collision has won an important victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during 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, he claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the agency to compensate him for benefits he was deprived of and to amend its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans disproportionately.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit seeks financial compensation and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform and those who are their companions deserve honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors with the exception of alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and winding route.
He was denied benefits at a more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans disability lawyers. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal meets all the requirements and that it receives a fair hearing.
A competent lawyer will review the evidence to support your claim, and if necessary, submit new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could increase the level of understanding for your situation. This can be a valuable advantage in your appeals.
One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your medical condition. For example an expert in medicine may be able to show that the pain you feel is due to your service-related injury and that it is disabling. They might also be able to help you obtain the medical records that are needed to support your claim.
Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed 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 collision has won an important victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during 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, he claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the agency to compensate him for benefits he was deprived of and to amend its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans disproportionately.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit seeks financial compensation and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform and those who are their companions deserve honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors with the exception of alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and winding route.
He was denied benefits at a more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans disability lawyers. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal meets all the requirements and that it receives a fair hearing.
A competent lawyer will review the evidence to support your claim, and if necessary, submit new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could increase the level of understanding for your situation. This can be a valuable advantage in your appeals.
One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your medical condition. For example an expert in medicine may be able to show that the pain you feel is due to your service-related injury and that it is disabling. They might also be able to help you obtain the medical records that are needed to support your claim.
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