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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 make profits often make use of their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has a huge victory. However, it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly 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. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA reimburse him for benefits he was deprived of, and to modify its policies on race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans disability law firms.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims submitted by 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 troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional trauma by reliving the most painful memories with every application for benefits.
The lawsuit seeks financial compensation, and wants the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform, or who are their companions deserve truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors including child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding journey.
He was denied at an rate that was much higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. If you are considering appealing an agency decision, it's crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an impartial hearing.
A qualified lawyer can examine the evidence used to support your claim and submit additional evidence, when needed. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be an invaluable asset in your appeals process.
One of the primary reasons that a veteran's claim for disability can be denied is because the agency has not properly classified their condition. A skilled attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your situation. A medical expert, for example, may be able to demonstrate that your pain is due to the injury you sustained while working and is disabling. They might also be able to assist you obtain the medical records that are needed to support your claim.
Attorneys who profit from disabled veterans to make profits often make use of their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has a huge victory. However, it comes with a hefty cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly 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. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA reimburse him for benefits he was deprived of, and to modify its policies on race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans disability law firms.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims submitted by 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 troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional trauma by reliving the most painful memories with every application for benefits.
The lawsuit seeks financial compensation, and wants the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform, or who are their companions deserve truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors including child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding journey.
He was denied at an rate that was much higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. If you are considering appealing an agency decision, it's crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an impartial hearing.
A qualified lawyer can examine the evidence used to support your claim and submit additional evidence, when needed. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be an invaluable asset in your appeals process.
One of the primary reasons that a veteran's claim for disability can be denied is because the agency has not properly classified their condition. A skilled attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your situation. A medical expert, for example, may be able to demonstrate that your pain is due to the injury you sustained while working and is disabling. They might also be able to assist you obtain the medical records that are needed to support your claim.
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