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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 frequently use their benefits. This is why you should hire 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 fatal aircraft carrier collision has won a major victory. However, it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, 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 over the past three decades.
Monk, an psychiatric nurse who retired, claims that the discrimination of 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 is requesting that the VA pay him back the benefits they have denied him and to change their policies regarding 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 through Freedom of Information Act requests which they submitted on behalf of the National veterans disability law firm Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 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 on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatic memories through each application and re-application for benefits, the suit says.
The lawsuit seeks financial damages and also to order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and veterans Disability lawsuits Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts can garnish veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members with the exception of child support and alimony.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops 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 triggered by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied at an amount that was significantly higher than his white peers. According to the lawsuit brought in 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 asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.
Appeals
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. If you are considering appealing the decision, it is crucial to file an appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all the requirements and it receives a fair hearing.
A qualified lawyer will be able to review the evidence that was used to justify your claim and present additional evidence, should it be required. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This can be an important advantage in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is because the agency has not properly classified their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional proof of your medical condition. For instance medical experts may be able to show that the pain you are experiencing is due to your service-related injury and is causing impairment. They may assist you get the medical records required to support your claim.
Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is why you should hire 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 fatal aircraft carrier collision has won a major victory. However, it comes with a huge cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, 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 over the past three decades.
Monk, an psychiatric nurse who retired, claims that the discrimination of 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 is requesting that the VA pay him back the benefits they have denied him and to change their policies regarding 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 through Freedom of Information Act requests which they submitted on behalf of the National veterans disability law firm Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 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 on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatic memories through each application and re-application for benefits, the suit says.
The lawsuit seeks financial damages and also to order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and veterans Disability lawsuits Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts can garnish veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members with the exception of child support and alimony.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops 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 triggered by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied at an amount that was significantly higher than his white peers. According to the lawsuit brought in 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 asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.
Appeals
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. If you are considering appealing the decision, it is crucial to file an appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all the requirements and it receives a fair hearing.
A qualified lawyer will be able to review the evidence that was used to justify your claim and present additional evidence, should it be required. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This can be an important advantage in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is because the agency has not properly classified their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional proof of your medical condition. For instance medical experts may be able to show that the pain you are experiencing is due to your service-related injury and is causing impairment. They may assist you get the medical records required to support your claim.
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