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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 exploited by attorneys who use their benefits as a source of cash. You need an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won an important victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black Veterans Disability Attorney when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.
Monk who is an 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 or work and education. He wants the VA to pay him back the benefits they have denied him and to amend their policies regarding race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The veterans disability attorneys Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not acceptable. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.
The lawsuit seeks financial damages and asks the court to decide to require the VA to review systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them deserve honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law 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-riddled transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after he got 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 rate that was much higher than white people. 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 claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.
A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present additional and more convincing evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and can increase the level of understanding for your situation. This can be an invaluable advantage in the appeals process.
A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your condition. A medical professional for instance, might be able to demonstrate that your pain is due to your service-related injury, and is in a way limiting. They might be able assist you in obtaining the medical records needed to prove your claim.
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You need an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won an important victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black Veterans Disability Attorney when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.
Monk who is an 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 or work and education. He wants the VA to pay him back the benefits they have denied him and to amend their policies regarding race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The veterans disability attorneys Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not acceptable. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.
The lawsuit seeks financial damages and asks the court to decide to require the VA to review systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them deserve honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law 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-riddled transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after he got 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 rate that was much higher than white people. 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 claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.
A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present additional and more convincing evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and can increase the level of understanding for your situation. This can be an invaluable advantage in the appeals process.
A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your condition. A medical professional for instance, might be able to demonstrate that your pain is due to your service-related injury, and is in a way limiting. They might be able assist you in obtaining the medical records needed to prove your claim.
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