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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. This is why you should hire an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. But it comes at a price.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing 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 in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as 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 VA to reimburse him for benefits they have denied him and to amend their policies on race, discharge status, and denial rates.
In the past 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 Disability Lawsuit Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to review systems-wide PTSD bias. This is the latest initiative 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
The veterans who have served our nation in uniform, or who accompany them require honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims made by creditors and family members in the case of child support and alimony.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied access at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according 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 knew about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans disability attorneys similar to Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. It is essential to appeal a decision as quickly as you are able. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all the requirements and it gets a fair hearing.
A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence and documentation when needed. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstances. This could be a great asset in your appeals process.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will also be able to work with medical experts to provide additional proof of your condition. For instance an expert in medicine could be able to prove that the pain you feel is a result of your service-connected injury and is disabling. They may be able to 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 as a source of cash. This is why you should hire an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. But it comes at a price.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing 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 in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as 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 VA to reimburse him for benefits they have denied him and to amend their policies on race, discharge status, and denial rates.
In the past 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 Disability Lawsuit Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to review systems-wide PTSD bias. This is the latest initiative 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
The veterans who have served our nation in uniform, or who accompany them require honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims made by creditors and family members in the case of child support and alimony.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.
He was denied access at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according 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 knew about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans disability attorneys similar to Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. It is essential to appeal a decision as quickly as you are able. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all the requirements and it gets a fair hearing.
A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence and documentation when needed. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstances. This could be a great asset in your appeals process.
A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will also be able to work with medical experts to provide additional proof of your condition. For instance an expert in medicine could be able to prove that the pain you feel is a result of your service-connected injury and is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.
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