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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 as a way to earn money. This is why you should hire an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won a major victory. But it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing 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 alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back the benefits that it has 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 Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, Veterans Disability Lawsuits among others despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered emotional harm from reliving some of his most traumatic memories in each application and re-application for benefits, the suit says.
The lawsuit is seeking monetary damages and wants the court order the VA to look into systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members including child support and alimony.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however he received a discharge that was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding path.
He was denied at an rate that was much 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 confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you're considering appealing an appeal, 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 is granted an appropriate hearing.
A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional evidence. A lawyer who knows the VA's challenges can be more sympathetic to your circumstances. This could be a great asset in your appeals.
One of the primary reasons that a veteran's claim for disability is denied is because the agency has not properly classified their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional proof of your condition. A medical professional is one example. They may be able show that your pain is due to your service-related injury, and is in a way limiting. They might also be able to help you get the medical records required to support your claim.
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is why you should hire an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won a major victory. But it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing 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 alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back the benefits that it has 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 Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, Veterans Disability Lawsuits among others despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered emotional harm from reliving some of his most traumatic memories in each application and re-application for benefits, the suit says.
The lawsuit is seeking monetary damages and wants the court order the VA to look into systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members including child support and alimony.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however he received a discharge that was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding path.
He was denied at an rate that was much 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 confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you're considering appealing an appeal, 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 is granted an appropriate hearing.
A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional evidence. A lawyer who knows the VA's challenges can be more sympathetic to your circumstances. This could be a great asset in your appeals.
One of the primary reasons that a veteran's claim for disability is denied is because the agency has not properly classified their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional proof of your condition. A medical professional is one example. They may be able show that your pain is due to your service-related injury, and is in a way limiting. They might also be able to help you get the medical records required to support your claim.
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