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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 targeted by lawyers who make use of their benefits as a source of cash. This is why you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. But it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. Monk wants the VA to reimburse him for benefits they have denied him, and to alter their policies regarding 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 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 appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination against PTSD
According to a lawsuit filed on 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, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each application for benefits.
The lawsuit seeks damages in the form of money and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who accompany them require truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans disability attorneys' compensation from claims brought by family members and creditors with the exception of alimony and child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and winding route.
He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.
A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence and documentation when needed. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This could be a valuable advantage during your appeals procedure.
A claim for disability from a veteran is usually denied due to 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, allowing you to receive the benefits you deserve. A qualified attorney will be able work with medical experts to provide additional evidence of your situation. A medical professional, for example, may be able to prove that the pain you are experiencing is due to your service-related injury and that it is in a way limiting. They may be able to assist you in getting the medical records you require to support your claim.
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is why you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. But it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. Monk wants the VA to reimburse him for benefits they have denied him, and to alter their policies regarding 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 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 appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination against PTSD
According to a lawsuit filed on 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, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each application for benefits.
The lawsuit seeks damages in the form of money and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who accompany them require truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans disability attorneys' compensation from claims brought by family members and creditors with the exception of alimony and child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and winding route.
He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.
A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence and documentation when needed. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This could be a valuable advantage during your appeals procedure.
A claim for disability from a veteran is usually denied due to 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, allowing you to receive the benefits you deserve. A qualified attorney will be able work with medical experts to provide additional evidence of your situation. A medical professional, for example, may be able to prove that the pain you are experiencing is due to your service-related injury and that it is in a way limiting. They may be able to assist you in getting the medical records you require to support your claim.
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