5 Laws That Anyone Working In Veterans Disability Attorney Should Know
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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 profits often make use of their benefits. This is the reason you need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier collision has won a major victory. But it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He is requesting that the VA reimburse him for the benefits it has not provided him and to amend their policies on race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the 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 against 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 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 disproportionately denied claims made by Black veterans disability law firms.
Conley Monk was a member of the Marines as an unpaid 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 blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories through each application and re-application for benefits the suit says.
The lawsuit seeks monetary damages, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who are their companions deserve honest answers about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors, except for alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and difficult road.
He was denied services at a rate significantly higher than his white peers. According to the lawsuit filed in 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 suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.
A licensed lawyer can examine the evidence to support your claim and, when necessary, submit new and additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This can be an invaluable benefit in your appeals process.
A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A professional attorney will also be able work with medical professionals to provide additional evidence of your medical condition. A medical expert, for example, may be able show that your pain is a result of your service-related injury, and is disabling. They may also be able to help you obtain the medical records that are required to prove your claim.
Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is the reason you need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier collision has won a major victory. But it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He is requesting that the VA reimburse him for the benefits it has not provided him and to amend their policies on race and discharge status as well as denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the 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 against 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 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 disproportionately denied claims made by Black veterans disability law firms.
Conley Monk was a member of the Marines as an unpaid 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 blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories through each application and re-application for benefits the suit says.
The lawsuit seeks monetary damages, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or who are their companions deserve honest answers about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors, except for alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and difficult road.
He was denied services at a rate significantly higher than his white peers. According to the lawsuit filed in 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 suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.
A licensed lawyer can examine the evidence to support your claim and, when necessary, submit new and additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This can be an invaluable benefit in your appeals process.
A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A professional attorney will also be able work with medical professionals to provide additional evidence of your medical condition. A medical expert, for example, may be able show that your pain is a result of your service-related injury, and is disabling. They may also be able to help you obtain the medical records that are required to prove your claim.
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