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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 to make a profit. This is why you should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision which killed dozens has been awarded a significant victory. But it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He is requesting that the VA compensate him for the benefits it has not provided him, and to modify their policies on 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 Council for Legal Redress and the Black veterans disability attorney Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or Veterans Disability Lawsuits education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.
The lawsuit seeks financial compensation and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who are their companions deserve honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk, a devoted 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 was awarded several medals, but was discharged that was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at an amount that was significantly higher than white people. 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 claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing an agency decision, it's essential to do so immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.
A licensed lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation when needed. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This could be a valuable advantage during your appeals procedure.
One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional evidence of your health condition. A medical expert for instance, might be able to prove that your pain is due to the injury you sustained while working and is debilitating. They could be able to assist you in getting the medical records you require to prove your claim.
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is why you should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision which killed dozens has been awarded a significant victory. But it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He is requesting that the VA compensate him for the benefits it has not provided him, and to modify their policies on 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 Council for Legal Redress and the Black veterans disability attorney Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or Veterans Disability Lawsuits education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.
The lawsuit seeks financial compensation and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who are their companions deserve honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk, a devoted 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 was awarded several medals, but was discharged that was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at an amount that was significantly higher than white people. 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 claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing an agency decision, it's essential to do so immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.
A licensed lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation when needed. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This could be a valuable advantage during your appeals procedure.
One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional evidence of your health condition. A medical expert for instance, might be able to prove that your pain is due to the injury you sustained while working and is debilitating. They could be able to assist you in getting the medical records you require to prove your claim.
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