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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 exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has won a significant victory. But it comes with cost.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly 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 and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the agency to repay him for the benefits he has been deprived of and to amend its 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 through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed 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% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.
The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors in the case of alimony and child support.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after getting into 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 benefits at a much greater rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans disability law firm similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.
A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be a huge advantage in the appeals process.
A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your medical condition. For instance medical experts might be able demonstrate that the pain you suffer is due to your service-related injury and is causing impairment. They might assist you get the medical records that are required to prove your claim.
Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has won a significant victory. But it comes with cost.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly 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 and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the agency to repay him for the benefits he has been deprived of and to amend its 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 through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed 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% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.
The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors in the case of alimony and child support.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after getting into 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 benefits at a much greater rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans disability law firm similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.
A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be a huge advantage in the appeals process.
A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your medical condition. For instance medical experts might be able demonstrate that the pain you suffer is due to your service-related injury and is causing impairment. They might assist you get the medical records that are required to prove your claim.
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