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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (m1bar.com)
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a price.
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 on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, Veterans disability lawsuits claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to compensate him for the benefits it has denied him and to change 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk volunteered to serve 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. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Veterans Disability Lawsuits Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or those who accompany them need truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members including alimony and child support.
Conley Monk volunteered 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, however he was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and difficult road.
He was denied benefits at a greater rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit filed 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 was aware of and did not deal with decades-long discrimination against Black veterans disability law firms. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. It is important to appeal a decision as quickly as you can. An experienced lawyer in veteran disability appeals can help ensure that your appeal is compliant with all requirements and you are given a fair hearing.
A lawyer who is qualified is able to examine the evidence used to justify your claim and present additional evidence, should it be required. The lawyer will also be aware of the challenges involved in dealing with the VA and can create a higher level of empathy for your situation. This can be an important benefit to your appeals.
A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your medical condition. For instance an expert in medical practice might be able prove that the pain you suffer is due to your service-related injury and that it is causing disability. They may assist you get the medical records that are required to prove your claim.
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a price.
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 on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, Veterans disability lawsuits claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to compensate him for the benefits it has denied him and to change 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk volunteered to serve 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. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each application for benefits.
The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Veterans Disability Lawsuits Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or those who accompany them need truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members including alimony and child support.
Conley Monk volunteered 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, however he was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and difficult road.
He was denied benefits at a greater rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit filed 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 was aware of and did not deal with decades-long discrimination against Black veterans disability law firms. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. It is important to appeal a decision as quickly as you can. An experienced lawyer in veteran disability appeals can help ensure that your appeal is compliant with all requirements and you are given a fair hearing.
A lawyer who is qualified is able to examine the evidence used to justify your claim and present additional evidence, should it be required. The lawyer will also be aware of the challenges involved in dealing with the VA and can create a higher level of empathy for your situation. This can be an important benefit to your appeals.
A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your medical condition. For instance an expert in medical practice might be able prove that the pain you suffer is due to your service-related injury and that it is causing disability. They may assist you get the medical records that are required to prove your claim.
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