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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 cash cow. This is why you require an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed a number of people has been awarded a significant victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner 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 more frequent rate than white veterans disability attorney in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He is requesting that the VA reimburse him for the benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 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 led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatic memories through each application and re-application to receive benefits, the suit says.
The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans disability attorney' payments against claims from creditors and family members with the exception of alimony and child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding route.
He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit filed 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. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. If you are considering appealing the decision, it is important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.
A licensed lawyer can examine the evidence used to back your claim and provide additional evidence, should it be required. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be a huge advantage in the appeals process.
A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will also be able work with medical experts to provide additional proof of your health condition. For example medical experts may be able to show that the pain you are experiencing is due to your service-related injury and is causing disability. They may also be able assist you in getting the medical records required to support your claim.
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. This is why you require an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed a number of people has been awarded a significant victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner 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 more frequent rate than white veterans disability attorney in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He is requesting that the VA reimburse him for the benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 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 led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatic memories through each application and re-application to receive benefits, the suit says.
The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans disability attorney' payments against claims from creditors and family members with the exception of alimony and child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding route.
He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit filed 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. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. If you are considering appealing the decision, it is important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.
A licensed lawyer can examine the evidence used to back your claim and provide additional evidence, should it be required. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be a huge advantage in the appeals process.
A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will also be able work with medical experts to provide additional proof of your health condition. For example medical experts may be able to show that the pain you are experiencing is due to your service-related injury and is causing disability. They may also be able assist you in getting the medical records required to support your claim.
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