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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 make money often use their benefits. This is why you should hire an attorney that is certified to handle 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 an important victory. But it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that 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. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA repay him for the benefits he was deprived of and to amend its policies on race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed 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
The Veterans Affairs Department systematically denies disability benefits to Black veterans disability law firms, as per a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims filed by Black Veterans disproportionately.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. The suit claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.
The lawsuit seeks financial compensation and seeks the court to require 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 pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them require honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and winding road.
He was denied access at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed 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 was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.
A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who knows the challenges of the VA will be more understanding of your situation. This can be a valuable advantage in your appeals.
A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A reputable lawyer will also be able to collaborate with medical specialists to provide additional evidence of your medical condition. For instance an expert in medical practice could be able to prove that the pain you experience is related to your service-connected injury and that it is disabling. They may assist you obtain the medical records needed to support your claim.
Attorneys who exploit disabled veterans to make money often use their benefits. This is why you should hire an attorney that is certified to handle 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 an important victory. But it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that 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. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA repay him for the benefits he was deprived of and to amend its policies on race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed 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
The Veterans Affairs Department systematically denies disability benefits to Black veterans disability law firms, as per a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims filed by Black Veterans disproportionately.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. The suit claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.
The lawsuit seeks financial compensation and seeks the court to require 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 pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them require honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and winding road.
He was denied access at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed 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 was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.
A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who knows the challenges of the VA will be more understanding of your situation. This can be a valuable advantage in your appeals.
A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A reputable lawyer will also be able to collaborate with medical specialists to provide additional evidence of your medical condition. For instance an expert in medical practice could be able to prove that the pain you experience is related to your service-connected injury and that it is disabling. They may assist you obtain the medical records needed to support your claim.
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