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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability attorney Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash which killed dozens has won a major victory. But it comes at a price.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans disability law firm over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits it has deprived him of, and to modify its policies on race discharge status, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits 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. He also suffered a lot of emotional harm from reliving some of his most traumatic memories through each application and re-application for benefits, the suit claims.
The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them deserve truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors, except for alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and arduous journey.
He was denied at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, according to 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 knew about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.
A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA and can increase the level of empathy for your situation. This can be a significant advantage in your appeals.
One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A reputable lawyer will also be able to consult with medical experts to provide additional proof of your situation. A medical professional could, for instance, be able to demonstrate that your pain is due to your service-related injury and that it is debilitating. They might also be able to help you obtain the medical records that are required to prove your claim.
Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash which killed dozens has won a major victory. But it comes at a price.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans disability law firm over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits it has deprived him of, and to modify its policies on race discharge status, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits 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. He also suffered a lot of emotional harm from reliving some of his most traumatic memories through each application and re-application for benefits, the suit claims.
The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them deserve truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors, except for alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and arduous journey.
He was denied at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, according to 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 knew about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.
A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA and can increase the level of empathy for your situation. This can be a significant advantage in your appeals.
One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A reputable lawyer will also be able to consult with medical experts to provide additional proof of your situation. A medical professional could, for instance, be able to demonstrate that your pain is due to your service-related injury and that it is debilitating. They might also be able to help you obtain the medical records that are required to prove your claim.
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