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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. However, it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.
Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He demands that the agency repay him for the benefits it has deprived him of and to amend its policies regarding race, 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 data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans disability law firms.
Discrimination in PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle 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 was awarded a less-than-honorable military discharge in 1971. 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 reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit states.
The lawsuit seeks monetary damages and wants the court order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who are their companions deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members with the exception of alimony and child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and difficult route.
He was denied benefits at a rate significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.
A licensed lawyer will be able to review the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This could be a great benefit to your appeals.
A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will be able work with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury, and is disabling. They could be able to assist you in getting the medical records you require to support your claim.
Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. However, it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.
Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He demands that the agency repay him for the benefits it has deprived him of and to amend its policies regarding race, 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 data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans disability law firms.
Discrimination in PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle 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 was awarded a less-than-honorable military discharge in 1971. 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 reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit states.
The lawsuit seeks monetary damages and wants the court order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who are their companions deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members with the exception of alimony and child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and difficult route.
He was denied benefits at a rate significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.
A licensed lawyer will be able to review the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This could be a great benefit to your appeals.
A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will be able work with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury, and is disabling. They could be able to assist you in getting the medical records you require to support your claim.
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