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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 targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a significant price tag.
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 at a rate that 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 much greater rate than white veterans over 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, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He would like the VA to pay him back the benefits they have denied him, and to modify their policies regarding race, discharge status, and 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 submitted 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 an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks monetary damages and also to order the VA to review the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform and those who accompany them deserve truthful information about the disability benefits of veterans and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors other than alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding route.
He was denied at a rate significantly higher than white people. The discrimination was racial 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 asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans disability law firms.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.
A competent lawyer will review the evidence that supports your claim, and when necessary, submit new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could create a higher level of empathy for your situation. This could be a great asset in your appeals process.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and is debilitating. They might assist you obtain the medical records required to prove your claim.
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a significant price tag.
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 at a rate that 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 much greater rate than white veterans over 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, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He would like the VA to pay him back the benefits they have denied him, and to modify their policies regarding race, discharge status, and 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 submitted 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 an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks monetary damages and also to order the VA to review the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform and those who accompany them deserve truthful information about the disability benefits of veterans and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors other than alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding route.
He was denied at a rate significantly higher than white people. The discrimination was racial 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 asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans disability law firms.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.
A competent lawyer will review the evidence that supports your claim, and when necessary, submit new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could create a higher level of empathy for your situation. This could be a great asset in your appeals process.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and is debilitating. They might assist you obtain the medical records required to prove your claim.
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