10 Things You'll Need To Know About Veterans Disability Attorney
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money often use their benefits. This is why you require an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that 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, a former psychiatrist, says that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He demands that the agency compensate him for benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National veterans disability law firms Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat 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 as well as tuition aid and other benefits.
He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatic memories with each application and re-application to receive benefits, the suit states.
The lawsuit is seeking monetary damages and asks the court to decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them deserve truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long and difficult road.
He was denied benefits at a much greater rate than his white counterparts. The discrimination was racial 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. It claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans disability law firms.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.
A lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your situation. This can be an invaluable benefit in your appeals process.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your situation. For example an expert in medicine might be able demonstrate that the pain you suffer is a result of your service-related injury and that it is causing you to be disabled. They could be able to assist you in obtaining the medical records needed to prove your claim.
Attorneys who exploit disabled veterans to make money often use their benefits. This is why you require an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that 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, a former psychiatrist, says that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He demands that the agency compensate him for benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National veterans disability law firms Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat 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 as well as tuition aid and other benefits.
He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatic memories with each application and re-application to receive benefits, the suit states.
The lawsuit is seeking monetary damages and asks the court to decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them deserve truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long and difficult road.
He was denied benefits at a much greater rate than his white counterparts. The discrimination was racial 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. It claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans disability law firms.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.
A lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your situation. This can be an invaluable benefit in your appeals process.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your situation. For example an expert in medicine might be able demonstrate that the pain you suffer is a result of your service-related injury and that it is causing you to be disabled. They could be able to assist you in obtaining the medical records needed to prove your claim.
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