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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money often use their benefits. This is the reason you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won a major victory. However, it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He demands that the agency reimburse him for benefits he has been deprived of and to change its policies regarding race discharge status, discharge status and denial rates.
In the past 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. 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% higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits the suit says.
The lawsuit seeks financial compensation, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who accompany them require honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and winding journey.
He was denied benefits at a much greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.
A licensed lawyer can review the evidence that was used to back your claim and provide new and additional evidence if necessary. A lawyer will also know the challenges involved in dealing with the VA, and this can create a higher level of empathy for your situation. This can be an invaluable asset in your appeals process.
One of the primary reasons that a veteran's claim for disability is denied is because the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical professionals to provide additional proof of your health condition. For instance an expert in medicine may be able to show that the pain you feel is a result of your service-related injury and that it is causing impairment. They might be able assist you in obtaining the medical records needed to prove your claim.
Attorneys who exploit disabled veterans to earn money often use their benefits. This is the reason you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won a major victory. However, it comes at cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He demands that the agency reimburse him for benefits he has been deprived of and to change its policies regarding race discharge status, discharge status and denial rates.
In the past 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. 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% higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits the suit says.
The lawsuit seeks financial compensation, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who accompany them require honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and winding journey.
He was denied benefits at a much greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.
A licensed lawyer can review the evidence that was used to back your claim and provide new and additional evidence if necessary. A lawyer will also know the challenges involved in dealing with the VA, and this can create a higher level of empathy for your situation. This can be an invaluable asset in your appeals process.
One of the primary reasons that a veteran's claim for disability is denied is because the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical professionals to provide additional proof of your health condition. For instance an expert in medicine may be able to show that the pain you feel is a result of your service-related injury and that it is causing impairment. They might be able assist you in obtaining the medical records needed to prove your claim.
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