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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 exploited by attorneys who use their benefits as a source of cash. This is why you should hire an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a huge price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA reimburse him for benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was 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 a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks monetary damages and seeks to have the court orally order the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members, except for child support and alimony.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous journey.
He was denied at the rate of significantly more than white people. The discrimination was racial 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. The lawsuit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.
A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence in the event of need. A lawyer who understands the VA's challenges can be more sympathetic to your circumstances. This could be a great advantage in your appeals.
A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional evidence of your condition. For example an expert in medicine could be able to prove that the pain you feel is related to your service-connected injury and Veterans disability lawsuits that it is causing you to be disabled. They may also be able to assist you get the medical records that are needed to support your claim.
Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is why you should hire an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a huge price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA reimburse him for benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was 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 a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks monetary damages and seeks to have the court orally order the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members, except for child support and alimony.
Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous journey.
He was denied at the rate of significantly more than white people. The discrimination was racial 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. The lawsuit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.
A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence in the event of need. A lawyer who understands the VA's challenges can be more sympathetic to your circumstances. This could be a great advantage in your appeals.
A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional evidence of your condition. For example an expert in medicine could be able to prove that the pain you feel is related to your service-connected injury and Veterans disability lawsuits that it is causing you to be disabled. They may also be able to assist you get the medical records that are needed to support your claim.
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