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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuit Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a significant victory. But it comes with a substantial price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He would like the VA to reimburse him for the benefits it has not provided him, and to alter their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination due to PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans disability law firm. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied services at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him 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 failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is important to appeal a decision as swiftly as you are able. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal meets all the requirements and that it is heard in a fair manner.
A competent lawyer will review the evidence that supports your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your situation. This can be an invaluable benefit in your appeals process.
One of the most common reasons why a claim for veterans disability lawsuit disability benefits from a veteran is denied is because the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A lawyer who is qualified will be able of working with medical professionals to provide additional proof of your condition. For example an expert in medicine could be able to prove that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may also be able to help you obtain the medical records required to prove your claim.
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a significant victory. But it comes with a substantial price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He would like the VA to reimburse him for the benefits it has not provided him, and to alter their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination due to PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans disability law firm. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.
He was denied services at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him 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 failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is important to appeal a decision as swiftly as you are able. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal meets all the requirements and that it is heard in a fair manner.
A competent lawyer will review the evidence that supports your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your situation. This can be an invaluable benefit in your appeals process.
One of the most common reasons why a claim for veterans disability lawsuit disability benefits from a veteran is denied is because the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A lawyer who is qualified will be able of working with medical professionals to provide additional proof of your condition. For example an expert in medicine could be able to prove that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may also be able to help you obtain the medical records required to prove your claim.
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