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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 profits often make use of their benefits. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. But it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to compensate him for the benefits it has not provided him, and to modify their policies on race and discharge status as well as denial rates.
Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatic memories with each application and re-application for benefits, the suit claims.
The lawsuit seeks damages in the form of money and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
People who have served in the military, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members except for alimony or child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later the discharge he received was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than 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 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 similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.
A qualified lawyer can review the evidence to support your claim and, if necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA, and this can result in a greater degree of empathy for your situation. This could be a great advantage in the appeals process.
One of the main reasons that a veteran's claim for disability is denied is because the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will be able to work with medical experts to provide additional proof of your health condition. For instance an expert in medical practice might be able prove that the pain you suffer is a result of your service-connected injury and is causing impairment. They might assist you get the medical records that are required to prove your claim.
Attorneys who profit from disabled veterans to earn profits often make use of their benefits. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. But it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to compensate him for the benefits it has not provided him, and to modify their policies on race and discharge status as well as denial rates.
Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatic memories with each application and re-application for benefits, the suit claims.
The lawsuit seeks damages in the form of money and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
People who have served in the military, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members except for alimony or child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later the discharge he received was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than 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 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 similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.
A qualified lawyer can review the evidence to support your claim and, if necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA, and this can result in a greater degree of empathy for your situation. This could be a great advantage in the appeals process.
One of the main reasons that a veteran's claim for disability is denied is because the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will be able to work with medical experts to provide additional proof of your health condition. For instance an expert in medical practice might be able prove that the pain you suffer is a result of your service-connected injury and is causing impairment. They might assist you get the medical records that are required to prove your claim.
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