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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 taken advantage of by lawyers who use their benefits as a way to earn money. This is the reason you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes at a price.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which 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. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the VA to compensate him for the benefits it has not provided him, and to modify their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyer Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans disability lawyer were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans 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 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 the most painful memories with each application for benefits.
The lawsuit seeks monetary damages and also to order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from family members and creditors in the case of alimony and child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding route.
He was denied benefits at a much higher rate than white counterparts. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as soon as you can. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal complies with all requirements and you are given a fair hearing.
A qualified lawyer can review the evidence used to prove your claim and, if needed, provide new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstances. This could be a valuable asset in your appeals process.
A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert could be able to prove that the pain you experience is a result of your service-related injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is the reason you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes at a price.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which 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. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the VA to compensate him for the benefits it has not provided him, and to modify their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyer Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans disability lawyer were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans 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 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 the most painful memories with each application for benefits.
The lawsuit seeks monetary damages and also to order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from family members and creditors in the case of alimony and child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding route.
He was denied benefits at a much higher rate than white counterparts. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as soon as you can. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal complies with all requirements and you are given a fair hearing.
A qualified lawyer can review the evidence used to prove your claim and, if needed, provide new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstances. This could be a valuable asset in your appeals process.
A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert could be able to prove that the pain you experience is a result of your service-related injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.
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