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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often use their benefits. This is why you should hire an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has won a significant victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old 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, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black veterans disability attorney, to suffer in a manner that has affected their health, home life as well as their employment and education. He is requesting that the VA pay him back the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.
In the past 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 which they submitted 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 application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.
The lawsuit seeks financial compensation, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them need honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but was discharged that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and difficult path.
He was denied benefits at a 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, this racial discrimination was systemic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. If you are considering appealing the decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal complies with all the requirements and you are given a fair hearing.
A licensed lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence in the event of need. The lawyer will also be aware of the challenges of dealing with the VA and this could lead to a greater level of empathy for your situation. This could be a valuable advantage during your appeals procedure.
One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your condition. For instance an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-related injury and is causing impairment. They might also be able to assist you obtain the medical records that are required to support your claim.
Attorneys who profit from disabled veterans to earn money often use their benefits. This is why you should hire an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has won a significant victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old 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, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black veterans disability attorney, to suffer in a manner that has affected their health, home life as well as their employment and education. He is requesting that the VA pay him back the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.
In the past 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 which they submitted 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 application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.
The lawsuit seeks financial compensation, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them need honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but was discharged that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and difficult path.
He was denied benefits at a 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, this racial discrimination was systemic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. If you are considering appealing the decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal complies with all the requirements and you are given a fair hearing.
A licensed lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence in the event of need. The lawyer will also be aware of the challenges of dealing with the VA and this could lead to a greater level of empathy for your situation. This could be a valuable advantage during your appeals procedure.
One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your condition. For instance an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-related injury and is causing impairment. They might also be able to assist you obtain the medical records that are required to support your claim.
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