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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money often rely on their benefits. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the 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 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 others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He would like the VA to compensate him for the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans disability attorneys from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination in PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied 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 filed by Black Veterans disproportionately.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and 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 is owed money for his past denials of disability compensation. The suit claims that he suffered emotional harm by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages, and wants the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform and those who accompany them deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members, except for child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but later his discharge was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white counterparts. 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 discrimination was systemic and widespread. It asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is crucial to appeal a decision as fast as you can. A lawyer with experience in appeals for veterans disability can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit additional evidence, in the event of need. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This can be a valuable asset in your appeals.
A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your condition. A medical professional is one example. They may be able to demonstrate that your pain is a result of your service-related injury and is disabling. They may be able to assist you in getting the medical records you require to support your claim.
Attorneys who profit from disabled veterans to make money often rely on their benefits. You need an attorney who is certified to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the 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 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 others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He would like the VA to compensate him for the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans disability attorneys from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination in PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied 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 filed by Black Veterans disproportionately.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and 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 is owed money for his past denials of disability compensation. The suit claims that he suffered emotional harm by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages, and wants the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform and those who accompany them deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members, except for child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but later his discharge was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white counterparts. 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 discrimination was systemic and widespread. It asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is crucial to appeal a decision as fast as you can. A lawyer with experience in appeals for veterans disability can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit additional evidence, in the event of need. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This can be a valuable asset in your appeals.
A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your condition. A medical professional is one example. They may be able to demonstrate that your pain is a result of your service-related injury and is disabling. They may be able to assist you in getting the medical records you require to support your claim.
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