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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 exploited by attorneys who use their benefits as a cash cow. This is the reason 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 issues related to a deadly aircraft carrier crash has won an important victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.
Monk, a retired psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA pay him back for benefits it has deprived him of and to alter its policies on race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyers Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based 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 as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full 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 painful memories in each application and re-application for benefits, the suit states.
The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to review systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served in the military, or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and lawsuits equipment out of combat 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. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied access 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. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. If you are considering appealing a decision, it is important to appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an equitable hearing.
A competent lawyer will review the evidence used to support your claim, and if needed, provide new and additional evidence. A lawyer who understands the challenges of the VA will be more sympathetic to your situation. This can be a significant benefit to your appeals.
One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not properly described their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. An experienced attorney will be able work with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able show that the pain you are experiencing is due to the injury you sustained while working and is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.
Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is the reason 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 issues related to a deadly aircraft carrier crash has won an important victory. However, it comes with an expense.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.
Monk, a retired psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA pay him back for benefits it has deprived him of and to alter its policies on race discharge status, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyers Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based 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 as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full 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 painful memories in each application and re-application for benefits, the suit states.
The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to review systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served in the military, or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and child support.
Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and lawsuits equipment out of combat 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. It was a long and lengthy process to get the VA to accept disability compensation.
He was denied access 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. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. If you are considering appealing a decision, it is important to appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an equitable hearing.
A competent lawyer will review the evidence used to support your claim, and if needed, provide new and additional evidence. A lawyer who understands the challenges of the VA will be more sympathetic to your situation. This can be a significant benefit to your appeals.
One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not properly described their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. An experienced attorney will be able work with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able show that the pain you are experiencing is due to the injury you sustained while working and is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.
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