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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. However, it comes with a substantial price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. 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 past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He demands that the agency pay him back for benefits it has deprived him of and to change its policies regarding race as well as 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 by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorneys Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans disability lawyers was 6.3% higher than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans disproportionately.
Conley Monk signed up to serve in the Marines during the Vietnam War, disability driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. However, disability he claims the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving the most painful memories with each application for benefits.
The lawsuit seeks monetary damages and also to orally order the VA to look into 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 survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who are their companions deserve truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and arduous path.
He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit filed 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 knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're considering appealing a decision, it is important that you do so as soon as you can. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is in line with all the requirements and that you are given a fair hearing.
A qualified lawyer can review the evidence used to support your claim and, if necessary, submit new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This could be a great benefit in your appeals process.
One of the main reasons a veteran's disability claim is rejected is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. An experienced attorney will be able to work with medical experts to provide additional proof of your medical condition. For instance an expert in medical practice may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing disability. They may also be able assist you in obtaining the medical records needed to support your claim.
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. However, it comes with a substantial price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. 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 past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He demands that the agency pay him back for benefits it has deprived him of and to change its policies regarding race as well as 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 by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorneys Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans disability lawyers was 6.3% higher than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans disproportionately.
Conley Monk signed up to serve in the Marines during the Vietnam War, disability driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. However, disability he claims the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving the most painful memories with each application for benefits.
The lawsuit seeks monetary damages and also to orally order the VA to look into 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 survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who are their companions deserve truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and arduous path.
He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit filed 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 knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're considering appealing a decision, it is important that you do so as soon as you can. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is in line with all the requirements and that you are given a fair hearing.
A qualified lawyer can review the evidence used to support your claim and, if necessary, submit new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This could be a great benefit in your appeals process.
One of the main reasons a veteran's disability claim is rejected is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. An experienced attorney will be able to work with medical experts to provide additional proof of your medical condition. For instance an expert in medical practice may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing disability. They may also be able assist you in obtaining the medical records needed to support your claim.
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