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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 exploited by attorneys who use their benefits as a source of cash. This is the reason you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. Monk wants the VA to reimburse him for the benefits it has denied him and to amend their policies on 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional damage from having to relive the most traumatic memories with each application and re-application for benefits, the suit claims.
The lawsuit seeks financial damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims by creditors and family members including child support and alimony.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later he received a discharge that was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied access at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like 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. If you're considering appealing the decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.
A licensed lawyer can review the evidence used to justify your claim and present additional evidence and documentation if necessary. The lawyer will also understand the difficulties of dealing with the VA and this could increase the level of empathy for your situation. This can be a valuable benefit to your appeals.
A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your condition. A medical expert is one example. They may be able show that your pain is caused by your service-related injury and is in a way limiting. They may be able to assist you in getting the medical evidence you need to support your claim.
Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is the reason you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. Monk wants the VA to reimburse him for the benefits it has denied him and to amend their policies on 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional damage from having to relive the most traumatic memories with each application and re-application for benefits, the suit claims.
The lawsuit seeks financial damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims by creditors and family members including child support and alimony.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later he received a discharge that was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied access at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like 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. If you're considering appealing the decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.
A licensed lawyer can review the evidence used to justify your claim and present additional evidence and documentation if necessary. The lawyer will also understand the difficulties of dealing with the VA and this could increase the level of empathy for your situation. This can be a valuable benefit to your appeals.
A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your condition. A medical expert is one example. They may be able show that your pain is caused by your service-related injury and is in a way limiting. They may be able to assist you in getting the medical evidence you need to support your claim.
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