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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is why you require an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won an important victory. However, it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as 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 in the past three decades.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to reimburse him for the benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black veterans disability lawyer Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits, the suit says.
The lawsuit seeks financial damages and seeks to have the court orally order the VA to examine its the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans disability lawsuit' funds from claims of creditors and family members other than alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to accept his claim for disability compensation was a long, winding route.
He was denied access at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing the decision, it is important to appeal immediately. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to back your claim and provide additional evidence and documentation if necessary. The lawyer will also understand the challenges of dealing with the VA and this could increase the level of empathy for the situation. This can be an important advantage in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly classified their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A professional attorney will also be able work with medical experts to provide additional evidence of your situation. For instance an expert in medical practice could be able to prove that the pain you are experiencing is due to your service-related injury and that it is causing you to be disabled. They may be able to assist you in obtaining the medical records needed to support your claim.
Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is why you require an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won an important victory. However, it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as 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 in the past three decades.
Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to reimburse him for the benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black veterans disability lawyer Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits, the suit says.
The lawsuit seeks financial damages and seeks to have the court orally order the VA to examine its the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who served in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans disability lawsuit' funds from claims of creditors and family members other than alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to accept his claim for disability compensation was a long, winding route.
He was denied access at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing the decision, it is important to appeal immediately. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to back your claim and provide additional evidence and documentation if necessary. The lawyer will also understand the challenges of dealing with the VA and this could increase the level of empathy for the situation. This can be an important advantage in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly classified their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A professional attorney will also be able work with medical experts to provide additional evidence of your situation. For instance an expert in medical practice could be able to prove that the pain you are experiencing is due to your service-related injury and that it is causing you to be disabled. They may be able to assist you in obtaining the medical records needed to support your claim.
