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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You need an attorney that is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits it has denied him and to change their policies on race and discharge status as well as denial rates.
In the past 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. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, 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 suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in adisproportionate way.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and also to decide to require the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them need truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by creditors and family members including alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and winding path.
He was denied benefits at a much more frequent rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans disability attorneys.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees a decision made by the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.
A qualified lawyer can review the evidence to support your claim, and should it be necessary, present new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This could be a valuable asset in your appeals process.
A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your situation. A medical professional could, for instance, be able to prove that the pain you are experiencing is due to your service-related injury and is disabled. They might also be able to help you get the medical records that are required to support your claim.
Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You need an attorney that is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits it has denied him and to change their policies on race and discharge status as well as denial rates.
In the past 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. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, 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 suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in adisproportionate way.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and also to decide to require the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them need truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by creditors and family members including alimony and child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and winding path.
He was denied benefits at a much more frequent rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans disability attorneys.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees a decision made by the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.
A qualified lawyer can review the evidence to support your claim, and should it be necessary, present new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This could be a valuable asset in your appeals process.
A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your situation. A medical professional could, for instance, be able to prove that the pain you are experiencing is due to your service-related injury and is disabled. They might also be able to help you get the medical records that are required to support your claim.
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