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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money often use their benefits. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from 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. But it comes at a price.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for the benefits it has denied him, and to alter 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 via 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 be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims submitted by Black Veterans in a disproportionate manner.
Conley Monk was a member of 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. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable 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 stop the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages and asks the court to order 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 the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied access at an amount that was 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, this racial discrimination was systemic 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 similar to Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing a decision, it is important to appeal immediately. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and you are given a fair hearing.
A qualified lawyer can review the evidence used to prove your claim and, should it be necessary, present additional and more convincing evidence. A lawyer also knows the challenges of dealing with the VA, and this can increase the level of understanding for your situation. This can be an invaluable asset in your appeals process.
A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your condition. For instance an expert in medical practice might be able demonstrate that the pain you feel is a result of your service-connected injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.
Attorneys who exploit disabled veterans to earn money often use their benefits. You should hire an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from 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. But it comes at a price.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for the benefits it has denied him, and to alter 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 via 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 be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims submitted by Black Veterans in a disproportionate manner.
Conley Monk was a member of 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. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable 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 stop the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks monetary damages and asks the court to order 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 the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.
Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied access at an amount that was 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, this racial discrimination was systemic 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 similar to Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing a decision, it is important to appeal immediately. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and you are given a fair hearing.
A qualified lawyer can review the evidence used to prove your claim and, should it be necessary, present additional and more convincing evidence. A lawyer also knows the challenges of dealing with the VA, and this can increase the level of understanding for your situation. This can be an invaluable asset in your appeals process.
A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your condition. For instance an expert in medical practice might be able demonstrate that the pain you feel is a result of your service-connected injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.
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