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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 targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing 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 as well as 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 during the last three decades.
Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA reimburse him for benefits it has deprived him of and to amend its policies on race discharge status, discharge status, and denial rates.
Last 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. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims filed by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks financial damages and seeks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them deserve truthful answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members, except for alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawsuit Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. It is crucial to appeal a decision as fast as you are able. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and it is heard in a fair manner.
A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation when needed. A lawyer also knows the challenges involved in dealing with the VA and can create a higher level of empathy for your circumstance. This can be a valuable advantage in your appeals.
One of the most frequent reasons a veteran's disability claim can be denied is because the agency hasn't correctly classified their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will be able of working with medical experts to provide additional proof of your situation. A medical professional could, for instance, be able to prove that your pain is due to your service-related injury and that it is debilitating. They may also be able to help you get the medical records that are required to support your claim.
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney with the right qualifications to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing 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 as well as 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 during the last three decades.
Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA reimburse him for benefits it has deprived him of and to amend its policies on race discharge status, discharge status, and denial rates.
Last 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. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims filed by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks financial damages and seeks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them deserve truthful answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members, except for alimony and child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawsuit Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. It is crucial to appeal a decision as fast as you are able. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and it is heard in a fair manner.
A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation when needed. A lawyer also knows the challenges involved in dealing with the VA and can create a higher level of empathy for your circumstance. This can be a valuable advantage in your appeals.
One of the most frequent reasons a veteran's disability claim can be denied is because the agency hasn't correctly classified their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will be able of working with medical experts to provide additional proof of your situation. A medical professional could, for instance, be able to prove that your pain is due to your service-related injury and that it is debilitating. They may also be able to help you get the medical records that are required to support your claim.
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