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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 should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a hefty 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 significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, home life, employment, lawyers and education. Monk wants the VA to compensate him for the benefits it has denied him and lawyers to amend their policies on race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 receive an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional damage from having to relive the most traumatic memories each time he applied and re-application to receive benefits, the suit says.
The lawsuit is seeking monetary damages and asks the court to order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who are their companions deserve honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can 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 protect veterans' payments from the claims of family members and creditors other than alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and arduous road.
He was denied benefits at a higher rate than white peers. The discrimination was racial and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.
A licensed lawyer will be able to review the evidence used to back your claim and provide additional evidence, when needed. A lawyer also knows the challenges of dealing with the VA and can create a higher level of empathy for your situation. This could be a great advantage in the appeals process.
A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able work with medical professionals to provide additional evidence of your condition. A medical expert could, for instance, be able prove that your pain is a result of the injury you sustained while working and is debilitating. They might also be able to assist you get the medical records required to support your claim.
Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a hefty 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 significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, home life, employment, lawyers and education. Monk wants the VA to compensate him for the benefits it has denied him and lawyers to amend their policies on race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 receive an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional damage from having to relive the most traumatic memories each time he applied and re-application to receive benefits, the suit says.
The lawsuit is seeking monetary damages and asks the court to order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who are their companions deserve honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can 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 protect veterans' payments from the claims of family members and creditors other than alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and arduous road.
He was denied benefits at a higher rate than white peers. The discrimination was racial and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.
A licensed lawyer will be able to review the evidence used to back your claim and provide additional evidence, when needed. A lawyer also knows the challenges of dealing with the VA and can create a higher level of empathy for your situation. This could be a great advantage in the appeals process.
A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able work with medical professionals to provide additional evidence of your condition. A medical expert could, for instance, be able prove that your pain is a result of the injury you sustained while working and is debilitating. They might also be able to assist you get the medical records required to support your claim.
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