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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 to make a profit. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won a major victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. 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, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He would like the VA to pay him back the benefits it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatic memories each time he applied and re-application to receive benefits, the suit says.
The lawsuit seeks monetary damages and seeks to have the court order the VA to review the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them require honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors, except for child support and alimony.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult journey.
He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not combat decades of 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. If you're thinking of appealing the decision, it is important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an appropriate hearing.
A lawyer with experience can look over the evidence used to support your claim and, if necessary, submit new and additional proof. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstances. This can be a valuable benefit in your appeals.
One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly characterized their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your medical condition. A medical professional, for example, may be able show that your pain is due to the injury you sustained while working and is debilitating. They may be able to assist you in getting the medical records required to support your claim.
Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won a major victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. 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, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.
Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He would like the VA to pay him back the benefits it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatic memories each time he applied and re-application to receive benefits, the suit says.
The lawsuit seeks monetary damages and seeks to have the court order the VA to review the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them require honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors, except for child support and alimony.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult journey.
He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not combat decades of 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. If you're thinking of appealing the decision, it is important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an appropriate hearing.
A lawyer with experience can look over the evidence used to support your claim and, if necessary, submit new and additional proof. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstances. This can be a valuable benefit in your appeals.
One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly characterized their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your medical condition. A medical professional, for example, may be able show that your pain is due to the injury you sustained while working and is debilitating. They may be able to assist you in getting the medical records required to support your claim.
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