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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 way to earn money. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. But it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner 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 the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.
Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for benefits that it has taken him out of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans disability lawsuit was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims from Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit seeks financial compensation, and wants the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from family members and creditors with the exception of alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied at the rate of significantly more than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all requirements and you are given a fair hearing.
A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence, when needed. The lawyer will also be aware of the challenges of dealing with the VA, and this can result in a greater degree of empathy for the situation. This could be a great advantage in your appeals.
One of the primary reasons that a veteran's claim for disability is denied is because the agency has not correctly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your condition. For example, a medical expert might be able demonstrate that the pain you suffer is due to your service-related injury and is causing impairment. They may be able to assist you in obtaining the medical records needed to support your claim.
Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. But it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner 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 the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.
Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for benefits that it has taken him out of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans disability lawsuit was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims from Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit seeks financial compensation, and wants the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from family members and creditors with the exception of alimony and child support.
Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied at the rate of significantly more than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all requirements and you are given a fair hearing.
A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence, when needed. The lawyer will also be aware of the challenges of dealing with the VA, and this can result in a greater degree of empathy for the situation. This could be a great advantage in your appeals.
One of the primary reasons that a veteran's claim for disability is denied is because the agency has not correctly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your condition. For example, a medical expert might be able demonstrate that the pain you suffer is due to your service-related injury and is causing impairment. They may be able to assist you in obtaining the medical records needed to support your claim.
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