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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 taken advantage of by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. Monk wants the VA to compensate him for the benefits that it has denied him, and to modify their policies regarding race, discharge status, and denial rates.
Last 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 filed 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 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit claims.
The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Veterans who have served our nation in uniform and those who accompany them require truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than his white peers. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability lawyer Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. If you're considering appealing the decision, it is crucial to file an appeal as soon as you can. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.
A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence and Veterans Disability Lawsuits documentation should it be required. The lawyer will also be aware of the difficulties of dealing with the VA and this could result in a greater degree of empathy for your situation. This could be a great asset in your appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional is one example. They may be able prove that your pain is caused by your service-related injury, and is disabling. They may also be able assist you in getting the medical records you require to support your claim.
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes at an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. Monk wants the VA to compensate him for the benefits that it has denied him, and to modify their policies regarding race, discharge status, and denial rates.
Last 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 filed 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 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit claims.
The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Veterans who have served our nation in uniform and those who accompany them require truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than his white peers. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability lawyer Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. If you're considering appealing the decision, it is crucial to file an appeal as soon as you can. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.
A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence and Veterans Disability Lawsuits documentation should it be required. The lawyer will also be aware of the difficulties of dealing with the VA and this could result in a greater degree of empathy for your situation. This could be a great asset in your appeals process.
One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional is one example. They may be able prove that your pain is caused by your service-related injury, and is disabling. They may also be able assist you in getting the medical records you require to support your claim.
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