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24-06-30 23:59
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of 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 was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the VA to reimburse him for the benefits it has not provided him, and to alter their policies regarding race, 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 Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim 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 basing it on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims made by Black Veterans disproportionately.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatizing memories through each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and asks the court to require 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 to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
People who have served in the military or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members, except for child support and alimony.
Conley Monk, who volunteered 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 for his work, but he was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.
A lawyer who is qualified can review the evidence used to back your claim and provide additional evidence if necessary. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of empathy for your situation. This could be a great advantage in your appeals.
One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly classified their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. A medical expert for instance, might be able prove that the pain you are experiencing is due to your service-related injury and is disabling. They may be able to assist you in obtaining the medical records needed to prove your claim.
Veterans with disabilities are often targeted by lawyers who make use of 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 was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the VA to reimburse him for the benefits it has not provided him, and to alter their policies regarding race, 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 Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim 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 basing it on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims made by Black Veterans disproportionately.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatizing memories through each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and asks the court to require 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 to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
People who have served in the military or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members, except for child support and alimony.
Conley Monk, who volunteered 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 for his work, but he was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.
A lawyer who is qualified can review the evidence used to back your claim and provide additional evidence if necessary. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of empathy for your situation. This could be a great advantage in your appeals.
One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly classified their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. A medical expert for instance, might be able prove that the pain you are experiencing is due to your service-related injury and is disabling. They may be able to assist you in obtaining the medical records needed to prove your claim.
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