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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 exploited by attorneys who use their benefits to make a profit. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that killed a number of people has a huge victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He demands that the agency compensate him for benefits it has deprived him of and to amend its policies regarding race as well as discharge status and denial rates.
Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans disability attorney were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He ended up 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" kept him from receiving loans for homes, tuition aid and other benefits.
He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional harm from reliving the most traumatic memories each time he applied and re-application, the suit states.
The lawsuit is seeking monetary damages and asks the court to require the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members except for alimony or child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and winding path.
He was denied at the rate of significantly more than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorneys Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. If you're considering appealing a decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.
A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This could be a great advantage in your appeals.
One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able show that the pain you are experiencing is due to the injury you sustained while working and is disabling. They could be able to assist you in getting the medical evidence you need to prove your claim.
Veterans with disabilities are frequently exploited by attorneys who use their benefits to make a profit. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that killed a number of people has a huge victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He demands that the agency compensate him for benefits it has deprived him of and to amend its policies regarding race as well as discharge status and denial rates.
Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans disability attorney were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.
Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He ended up 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" kept him from receiving loans for homes, tuition aid and other benefits.
He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional harm from reliving the most traumatic memories each time he applied and re-application, the suit states.
The lawsuit is seeking monetary damages and asks the court to require the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members except for alimony or child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and winding path.
He was denied at the rate of significantly more than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorneys Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. If you're considering appealing a decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.
A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This could be a great advantage in your appeals.
One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able show that the pain you are experiencing is due to the injury you sustained while working and is disabling. They could be able to assist you in getting the medical evidence you need to prove your claim.
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