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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 make money frequently use their benefits. You need 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 ailments related to an aircraft carrier crash that killed dozens of people has won a major victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much 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. He claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans disability lawsuit to be affected in ways that have affected their health, homes or work and education. Monk wants the VA to reimburse him for the benefits that it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatic memories each time he applied and re-application for benefits the suit states.
The lawsuit is seeking monetary damages and also to orally order the VA to look into systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that state courts can confiscate veterans disability law firms' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors other than alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but was discharged that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding road.
He was denied access at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. If you're thinking of appealing the decision, it is essential to do so in the earliest time possible. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal complies with all requirements and ensure that you are given a fair hearing.
A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present new and additional evidence. A lawyer will also know the difficulties of dealing with the VA and can result in a greater degree of empathy for the situation. This can be an important benefit to your appeals.
One of the main reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A lawyer who is qualified will be able to work with medical professionals to provide additional proof of your situation. A medical professional could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is in a way limiting. They may also be able help you get the medical records that are needed to support your claim.
Attorneys who profit from disabled veterans to make money frequently use their benefits. You need 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 ailments related to an aircraft carrier crash that killed dozens of people has won a major victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much 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. He claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans disability lawsuit to be affected in ways that have affected their health, homes or work and education. Monk wants the VA to reimburse him for the benefits that it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatic memories each time he applied and re-application for benefits the suit states.
The lawsuit is seeking monetary damages and also to orally order the VA to look into systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that state courts can confiscate veterans disability law firms' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors other than alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but was discharged that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding road.
He was denied access at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. If you're thinking of appealing the decision, it is essential to do so in the earliest time possible. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal complies with all requirements and ensure that you are given a fair hearing.
A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present new and additional evidence. A lawyer will also know the difficulties of dealing with the VA and can result in a greater degree of empathy for the situation. This can be an important benefit to your appeals.
One of the main reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A lawyer who is qualified will be able to work with medical professionals to provide additional proof of your situation. A medical professional could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is in a way limiting. They may also be able help you get the medical records that are needed to support your claim.
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