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veterans disability attorney Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuit Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You need an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has won a major victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly 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 much more frequent rate than white veterans in the last 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, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He wants the VA to compensate him for the benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans Disability attorney Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.
The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort 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 survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors including alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but later his discharge was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white counterparts. 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. If you're thinking of appealing an agency decision, it's crucial to file an appeal immediately. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal is compliant with all the requirements and it gets a fair hearing.
A lawyer with experience can look over the evidence to support your claim and, if needed, provide new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could create a higher level of empathy for your situation. This can be a significant advantage in your appeals.
A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able work with medical professionals to provide additional proof of your condition. A medical expert for instance, might be able to demonstrate that your pain is caused by your service-related injury, and is debilitating. They could be able to assist you in getting the medical records required to prove your claim.
Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You need an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has won a major victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly 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 much more frequent rate than white veterans in the last 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, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He wants the VA to compensate him for the benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans Disability attorney Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.
The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort 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 survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors including alimony and child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but later his discharge was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied benefits at a much greater rate than his white counterparts. 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. If you're thinking of appealing an agency decision, it's crucial to file an appeal immediately. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal is compliant with all the requirements and it gets a fair hearing.
A lawyer with experience can look over the evidence to support your claim and, if needed, provide new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could create a higher level of empathy for your situation. This can be a significant advantage in your appeals.
A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able work with medical professionals to provide additional proof of your condition. A medical expert for instance, might be able to demonstrate that your pain is caused by your service-related injury, and is debilitating. They could be able to assist you in getting the medical records required to prove your claim.
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