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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won an important victory. However, it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School veterans disability attorney Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.
Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. Monk wants the VA to reimburse him for benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of 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 application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding route.
He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you're considering appealing a decision, it is important that you do so immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A competent lawyer will review the evidence that supports your claim, and when necessary, submit new and additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and could lead to a greater level of empathy for your situation. This can be a huge advantage in the appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly described their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional evidence of your situation. A medical expert could, for instance, be able to demonstrate that your pain is caused by the injury you sustained while working and is in a way limiting. They might be able assist you in obtaining the medical records needed to support your claim.
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won an important victory. However, it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School veterans disability attorney Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.
Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. Monk wants the VA to reimburse him for benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of 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 application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding route.
He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you're considering appealing a decision, it is important that you do so immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A competent lawyer will review the evidence that supports your claim, and when necessary, submit new and additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and could lead to a greater level of empathy for your situation. This can be a huge advantage in the appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly described their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional evidence of your situation. A medical expert could, for instance, be able to demonstrate that your pain is caused by the injury you sustained while working and is in a way limiting. They might be able assist you in obtaining the medical records needed to support your claim.
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