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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is the reason you need an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. 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 much more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to repay him for the benefits he has been deprived of and to amend its policies on 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 Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered significant emotional harm as he relived some of his most traumatizing memories each time he applied and re-application for benefits, the suit claims.
The lawsuit seeks monetary damages and asks the court to decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like 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
People who have served in the military, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and child support.
Conley Monk, who was 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 was awarded several medals, but then he received a discharge that was not honorable as the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than his white peers. According to the lawsuit filed on his behalf by the National veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like him.
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're considering appealing an agency decision, it's important to appeal immediately. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and it receives a fair hearing.
A licensed lawyer can review the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This could be a valuable advantage during your appeals procedure.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will be able to work with medical professionals to provide additional evidence of your condition. A medical expert is one example. They may be able to prove that your pain is caused by the injury you sustained while working and is disabling. They may also be able assist you in getting the medical evidence you need to support your claim.
Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is the reason you need an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. 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 much more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to repay him for the benefits he has been deprived of and to amend its policies on 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 Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered significant emotional harm as he relived some of his most traumatizing memories each time he applied and re-application for benefits, the suit claims.
The lawsuit seeks monetary damages and asks the court to decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like 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
People who have served in the military, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and child support.
Conley Monk, who was 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 was awarded several medals, but then he received a discharge that was not honorable as the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than his white peers. According to the lawsuit filed on his behalf by the National veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like him.
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're considering appealing an agency decision, it's important to appeal immediately. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and it receives a fair hearing.
A licensed lawyer can review the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This could be a valuable advantage during your appeals procedure.
A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will be able to work with medical professionals to provide additional evidence of your condition. A medical expert is one example. They may be able to prove that your pain is caused by the injury you sustained while working and is disabling. They may also be able assist you in getting the medical evidence you need to support your claim.
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