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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is the reason you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, 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, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to compensate him for benefits he was deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, Vimeo and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on every application for benefits.
The lawsuit is seeking monetary damages and wants the court order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them require truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members in the case of alimony or child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but later the discharge he received was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding journey.
He was denied benefits at a higher rate than white counterparts. According to the lawsuit brought in his behalf by the National iowa veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. If you're thinking of appealing an agency decision, it's important to appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.
A qualified lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation in the event of need. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be an important benefit in your appeals.
One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't properly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional evidence of your situation. A medical expert for instance, might be able to prove that your pain is caused by your service-related injury and that it is in a way limiting. They might also be able help you get the medical records needed to support your claim.
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is the reason you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, 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, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to compensate him for benefits he was deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, Vimeo and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on every application for benefits.
The lawsuit is seeking monetary damages and wants the court order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them require truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members in the case of alimony or child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but later the discharge he received was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding journey.
He was denied benefits at a higher rate than white counterparts. According to the lawsuit brought in his behalf by the National iowa veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. If you're thinking of appealing an agency decision, it's important to appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.
A qualified lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation in the event of need. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be an important benefit in your appeals.
One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't properly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional evidence of your situation. A medical expert for instance, might be able to prove that your pain is caused by your service-related injury and that it is in a way limiting. They might also be able help you get the medical records needed to support your claim.
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