Veterans Disability Attorney: The Good, The Bad, And The Ugly
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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 source of cash. This is why you should hire an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He is requesting that the VA reimburse him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that 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 likely to be granted an application for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the 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. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most painful memories through each application and re-application for benefits the suit states.
The lawsuit seeks monetary damages and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors in the case of alimony or child support.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later issued a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding route.
He was denied services 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 discrimination was systemic and widespread. It claims that the VA was aware of and failed to confront decades-old 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 essential to do so as soon as you can. An experienced lawyer in appeals to veterans disability lawyers' disability cases can assist you in ensuring that your appeal complies with all requirements and it is heard in a fair manner.
A licensed lawyer can examine the evidence to support your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be a significant asset in your appeals.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional proof of your condition. A medical professional for instance, might be able show that your pain is caused by your service-related injury, and is debilitating. They may also be able to assist you get the medical records required to support your claim.
Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is why you should hire an attorney that is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He is requesting that the VA reimburse him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that 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 likely to be granted an application for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the 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. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most painful memories through each application and re-application for benefits the suit states.
The lawsuit seeks monetary damages and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors in the case of alimony or child support.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later issued a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding route.
He was denied services 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 discrimination was systemic and widespread. It claims that the VA was aware of and failed to confront decades-old 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 essential to do so as soon as you can. An experienced lawyer in appeals to veterans disability lawyers' disability cases can assist you in ensuring that your appeal complies with all requirements and it is heard in a fair manner.
A licensed lawyer can examine the evidence to support your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be a significant asset in your appeals.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional proof of your condition. A medical professional for instance, might be able show that your pain is caused by your service-related injury, and is debilitating. They may also be able to assist you get the medical records required to support your claim.
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