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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash that killed dozens of people has won a significant 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 in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA reimburse him for benefits it has not provided him and to change their policies on race, discharge status, Veterans Disability Attorney and denial rates.
Last year, Monk and the veterans disability Attorney Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on 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, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatic memories with each application and re-application, the suit says.
The lawsuit seeks monetary damages and asks the court to decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by family members and creditors with the exception of child support and alimony.
Conley Monk, a volunteer for his country, spent 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 his discharge was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of but did not deal with decades-long 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 essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.
A qualified lawyer will be able to review the evidence used to support your claim and submit additional evidence, when needed. The lawyer will also be aware of the difficulties of dealing with the VA, and this can lead to a greater level of empathy for the situation. This could be a great asset in your appeals process.
A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you suffer is due to your service-related injury and that it is disabling. They could be able to assist you in getting the medical records required to prove your claim.
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash that killed dozens of people has won a significant 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 in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA reimburse him for benefits it has not provided him and to change their policies on race, discharge status, Veterans Disability Attorney and denial rates.
Last year, Monk and the veterans disability Attorney Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on 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, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatic memories with each application and re-application, the suit says.
The lawsuit seeks monetary damages and asks the court to decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by family members and creditors with the exception of child support and alimony.
Conley Monk, a volunteer for his country, spent 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 his discharge was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of but did not deal with decades-long 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 essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.
A qualified lawyer will be able to review the evidence used to support your claim and submit additional evidence, when needed. The lawyer will also be aware of the difficulties of dealing with the VA, and this can lead to a greater level of empathy for the situation. This could be a great asset in your appeals process.
A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you suffer is due to your service-related injury and that it is disabling. They could be able to assist you in getting the medical records required to prove your claim.
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