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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 victimized by lawyers who use their benefits as a source of cash. This is why you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk, a former psychiatrist, says that discrimination from VA has led him, and other 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 the benefits it has not provided him and to amend their policies on 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 data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans disability lawyers of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.
He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit is seeking monetary damages and wants the court require the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by family members and creditors in the case of alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and arduous journey.
He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's important to appeal as soon as you can. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is in line with all the requirements and that it is heard in a fair manner.
A qualified lawyer can review the evidence used to prove your claim and, if needed, provide new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and could increase the level of understanding for your situation. This can be a valuable asset in your appeals.
One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical specialists to provide additional evidence of your situation. For instance medical experts might be able demonstrate that the pain you are experiencing is due to your service-related injury and is causing disability. They could be able to assist you in getting the medical records required to prove your claim.
Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. This is why you need an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk, a former psychiatrist, says that discrimination from VA has led him, and other 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 the benefits it has not provided him and to amend their policies on 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 data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans disability lawyers of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.
He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit is seeking monetary damages and wants the court require the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by family members and creditors in the case of alimony and child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and arduous journey.
He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's important to appeal as soon as you can. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is in line with all the requirements and that it is heard in a fair manner.
A qualified lawyer can review the evidence used to prove your claim and, if needed, provide new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and could increase the level of understanding for your situation. This can be a valuable asset in your appeals.
One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical specialists to provide additional evidence of your situation. For instance medical experts might be able demonstrate that the pain you are experiencing is due to your service-related injury and is causing disability. They could be able to assist you in getting the medical records required to prove your claim.
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