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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 to make a profit. This is why you require an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won an important victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the agency to compensate him for benefits he was deprived of, and to modify its policies on race discharge status, 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 filed on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability attorneys Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.
He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.
The lawsuit seeks monetary damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult path.
He was denied benefits at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.
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 essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets a fair hearing.
A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer also knows the challenges of dealing with the VA and can increase the level of empathy for your circumstance. This can be an invaluable benefit in your appeals process.
A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you feel is due to your service-related injury and that it is causing impairment. They might be able assist you in getting the medical evidence you need to prove your claim.
Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. This is why you require an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won an important victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the agency to compensate him for benefits he was deprived of, and to modify its policies on race discharge status, 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 filed on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability attorneys Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.
He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.
The lawsuit seeks monetary damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult path.
He was denied benefits at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.
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 essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets a fair hearing.
A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer also knows the challenges of dealing with the VA and can increase the level of empathy for your circumstance. This can be an invaluable benefit in your appeals process.
A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you feel is due to your service-related injury and that it is causing impairment. They might be able assist you in getting the medical evidence you need to prove your claim.
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