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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 source of cash. You should hire an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed dozens of people has won a significant victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying 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. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans disability attorney to be affected in ways that have impacted their health, home or work and education. Monk wants the VA to compensate him for the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.
Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans disability attorney was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.
The lawsuit is seeking monetary damages and also to order the VA to examine the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who are their companions deserve truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors in the case of alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and arduous road.
He was denied benefits at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, 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 claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is essential to do so as soon as possible. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.
A qualified lawyer can review the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer will also know the challenges of dealing with the VA, and this can create a higher level of understanding for your situation. This can be an important asset in your appeals.
One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional evidence of your health condition. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabling. They could be able to assist you in obtaining the medical records needed to prove your claim.
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. You should hire an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed dozens of people has won a significant victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying 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. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans disability attorney to be affected in ways that have impacted their health, home or work and education. Monk wants the VA to compensate him for the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.
Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans disability attorney was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.
The lawsuit is seeking monetary damages and also to order the VA to examine the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who are their companions deserve truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors in the case of alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and arduous road.
He was denied benefits at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, 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 claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is essential to do so as soon as possible. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.
A qualified lawyer can review the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer will also know the challenges of dealing with the VA, and this can create a higher level of understanding for your situation. This can be an important asset in your appeals.
One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional evidence of your health condition. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabling. They could be able to assist you in obtaining the medical records needed to prove your claim.
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