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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. This is why you should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed 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 much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, home life, employment, and education. He would like the VA to reimburse him for benefits it has denied him, and to modify 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 by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans Disability lawsuit were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, 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 his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks monetary damages and also to require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt 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 victims of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who are their companions deserve truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however was discharged that was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding journey.
He was denied benefits at a much higher rate than white peers. This racial discrimination was systemic and widespread, as per 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 suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. If you're thinking of appealing an agency decision, it's crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A qualified lawyer can review the evidence used to support your claim and, if necessary, submit additional and more convincing evidence. A lawyer who understands the VA's challenges can be more sympathetic to your circumstances. This can be an important asset in your appeals.
One of the primary reasons that a veteran's claim for disability can be denied is because the agency has not properly described their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A reputable lawyer will also be able of working with medical specialists to provide additional proof of your health condition. A medical professional, for example, may be able to prove that your pain is caused by your service-related injury and that it is disabled. They may also be able help you obtain the medical records that are required to prove your claim.
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is why you should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed 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 much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, home life, employment, and education. He would like the VA to reimburse him for benefits it has denied him, and to modify 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 by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans Disability lawsuit were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination against PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, 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 his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks monetary damages and also to require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt 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 victims of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who are their companions deserve truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however was discharged that was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding journey.
He was denied benefits at a much higher rate than white peers. This racial discrimination was systemic and widespread, as per 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 suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. If you're thinking of appealing an agency decision, it's crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A qualified lawyer can review the evidence used to support your claim and, if necessary, submit additional and more convincing evidence. A lawyer who understands the VA's challenges can be more sympathetic to your circumstances. This can be an important asset in your appeals.
One of the primary reasons that a veteran's claim for disability can be denied is because the agency has not properly described their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A reputable lawyer will also be able of working with medical specialists to provide additional proof of your health condition. A medical professional, for example, may be able to prove that your pain is caused by your service-related injury and that it is disabled. They may also be able help you obtain the medical records that are required to prove your claim.
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