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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 frequently use their benefits. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won an important victory. But it comes with cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that 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 records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to reimburse him for benefits that it has denied him, and to alter their policies on race, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatic memories each time he applied and re-application for benefits the suit says.
The lawsuit seeks financial damages and also to orally order the VA to examine its systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who are their companions deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found 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, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later his discharge was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and arduous route.
He was denied benefits at a much greater rate 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's important that you do so immediately. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and it is heard in a fair manner.
A licensed lawyer can examine the evidence to support your claim, and if necessary, submit additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This could be a valuable asset in your appeals process.
One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't properly classified their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will be able of working with medical professionals to provide additional evidence of your health condition. For instance an expert in medicine may be able to show that the pain you are experiencing is related to your service-connected injury and that it is causing disability. They might also be able to assist you obtain the medical records that are required to support your claim.
Attorneys who exploit disabled veterans to earn money frequently use their benefits. You need an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won an important victory. But it comes with cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that 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 records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to reimburse him for benefits that it has denied him, and to alter their policies on race, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatic memories each time he applied and re-application for benefits the suit says.
The lawsuit seeks financial damages and also to orally order the VA to examine its systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who are their companions deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found 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, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later his discharge was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and arduous route.
He was denied benefits at a much greater rate 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's important that you do so immediately. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and it is heard in a fair manner.
A licensed lawyer can examine the evidence to support your claim, and if necessary, submit additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This could be a valuable asset in your appeals process.
One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't properly classified their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will be able of working with medical professionals to provide additional evidence of your health condition. For instance an expert in medicine may be able to show that the pain you are experiencing is related to your service-connected injury and that it is causing disability. They might also be able to assist you obtain the medical records that are required to support your claim.
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